SHYAM SUNDER Vs. FARIDABAD COMPLEX ADMINISTRATION

JUDGEMENT

(1.) It has been made out in the application that the facts of the present case are squarely covered by the decision of a Full Bench of this Court passed in "Suraj Bhan and others v. State of Haryana and another ", 2017(2) R.C.R. (Civil) 934.

(2.) The suit was decreed in favour of the appellants. But the Ld. Lower Appellate Court set aside the decree passed in their favour after observing inter alia that the Ld. Trial Court had fallen into an error by accepting that decision of a Full Bench of this Court passed in "Rajender Parshad and others v. State of Haryana and others ", 1979 P.L.J 263, was in favour of the plaintiffs.

(3.) During the pendency of the present appeal, the earlier decision passed in Rajender Parshad 's case (supra) came up for detailed scrutiny before a Five Judge Bench of this Court in Suraj Bhan 's case (supra). The relevant conclusions of the Larger Bench as applicable to the facts and circumstances of the present case are contained in Items (c), (d), (e) and (f) of Para No. 218 of the said judgment, which are set out as below:-