STATE OF PUNJAB Vs. S. K. BHATTA

JUDGEMENT

(1.) THE matter relates to termination of the first respondent as Deputy Advocate General by the State of Punjab. The respondent challenged the termination order dated 19-7-1993 as illegal on the ground that her appointment was as a regular government servant and not a contractual engagement as counsel. The learned Single Judge by judgment dated 30-5-1997 upheld her contention and allowed her writ petition, declared the termination order dated 19-7-1993 as illegal and quashed it. He also held that the first respondent was entitled to all consequential benefits. The intra - court appeal filed by the appellants was dismissed by the Division Bench on 6-2-1998. The said judgment is under challenge.

(2.) THE impugned judgment of the High Court dated 6-2-1998 in the case of the first respondent was followed by the High Court in a subsequent similar case relating to termination of a Sr. Deputy Advocate General - G.S. Cheema v. State of Punjab1. The State challenged the decisions of the High Court in the case of the first respondent (in this appeal) and in G.S. Cheema (in CA No. 6057 of 2004). Both appeals were being listed together for final hearing.

(3.) WITH reference to this appeal (relating to S.K. Bhatia), the learned counsel for the State sought time to secure specific instructions. Thereafter, the matter was adjourned to 19-2-2009 at the request of the counsel for the State and again adjourned at his request today. When the matter came up today, the learned counsel for the State submitted that he has not received any instructions from the State.