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2016 Supreme(P&H) 108

S.J.VAZIFDAR, ARUN PALLI
Sawroop Chand – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
Mr. Rao D.S. Nirban, for the petitioner
Mr. Jasmeet Singh Bedi, Additional Advocate General, Haryana

JUDGMENT :

S.J. Vazifdar, J.

This petition comes before us by way of a reference. The learned single Judge had heard the matter and reserved the judgment. Subsequently, as stated by the learned Judge in the reference order, he came across the judgment of the Supreme Court in MGB Gramin Bank vs. Chakrawarti Singh, (2014) 13 Supreme Court Cases 583. The learned Judge found that the judgment rendered by the Full Bench of this Court in Krishna Kumari vs. State of Haryana and others, 2012(2) SCT 736 has been overruled by implication. The learned Judge stated that the matter, therefore, required consideration by a larger Bench or by a Coordinate Bench of Krishna Kumari’s case on the following question of law:

“Whether the Government employee who seeks compassionate appointment would be governed by rules/policy in operation at the time of death of an employee or the rules/policy applicable on the date when his case would be considered by the appropriate authority?”

2. We must, at the outset, state that it was not necessary for the learned Judge to have referred the matter to a larger Bench. The matter could have been decided by the learned Judge by following the doctrine of precedents.

3. Furt































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