IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.848 of 2009 DATE OF DECISION: 25.05.2009 Dr.VK Khullar and others ..Petitioners Versus State of Punjab and others ..Respondents CORUM HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.RS Ahluwalia,Advocate for the petitioner Mr.BS Chahal, DAG, Punjab PERMOD KOHLI,J. (ORAL) With the consent of counsel for the parties, this petition is disposed of at motion stage. The petitioners were selected for Post Graduate Course in Medical College, Amritsar. While serving as PCMS doctor, Petitioner No.1 has been selected for Post Graduate Course in Social Preventive whereas petitioner no.2 was selected for M.D. Skin and VD and petitioner no.3 for MD in anesthesia. However, they were not permitted to join for want of “No Objection Certificate” from the Government. The petitioners filed CWP Nos.8564, 8565 and 9817 of 2008 seeking a direction for issuance of No Objection Certificate. Vide interim order dated 20.5.2008, this Court directed the respondents to give provisional “No Objection Certificate” to the petitioners for joining the Post Gradudate courses in Medical College, Amritsar. The aforesaid order was followed by CWP NO.848 of 2009 :2: order dated 12.8.2008 whereby the writ petition was disposed of with a direction to the respondents to verify the provisional “No Objection Certificate” issued to the petitioners within a period of two weeks and the petitioners were permitted to continue with their classes. Since this order was passed by Hon’ble Division Bench of this Court, the State has filed Special Leave Petition which is still pending. Order passed by this Court has not been stayed till date. The petitioners have now filed this petition seeking direction for release of the salary with effect from June 2008. This petition is opposed by the respondents only on the ground that SLP is pending before the Hon’ble Supreme Court. Since the petitioners have joined the Post Graduate Courses on their selection and are pursuing the same, their salary cannot be denied to them, notwithstanding the fact that SLP is pending against the order passed by this Court referred to here- in-above. In view of the above circumstances, this petition is disposed of with a direction to the respondents to release the admissible salary to the petitioners within a period of two months from the date a certified copy of this order is served upon the competent authority. However, release of the salary shall remain subject to the outcome of the Special Leave Petition. (PERMOD KOHLI) JUDGE 25.5.2009 MFK