LPA-201-2020 v. Mr. Amit Jhanji, Senior Advocate

The appellants have challenged the judgement of the Single The appellants have challenged the judg The appellants have challenged the judg Bench dated 28.05.2019 passed in CWP dated 28.05.2019 passed in CWP-13678 of 2010 13678 of 2010 whereby the writ ondents has been disposed of while petition preferred by the private respondents has been disposed of while petition preferred by the private resp issuing several directions. issuing several directions. VANDANA 2025.01.13 14:23 I attest to the accuracy and integrity of this document LPA-201-2020 2020 (O&M)

2. counsel for the appellants submits that the Learned Senior counsel for the appellants submits that the Learned Single Bench ought not to have issued directions for maintaining the ought not to have issued directions for maintaining the f the private respondents as the seniority of the private respondents as the other employees who were transferred from transferred from transferred from the Chandigarh Administration the Chandigarh Administration the Chandigarh Administration the Municipal the Municipal the Municipal Corporation Chandigarh (for short MCC) Chandigarh (for short MCC) later in point of time were later in point of time were senior to the private respondents in the parent department under the Chandigarh to the private respondents in the parent department to the private respondents in the parent department Administration as on May, 1996 the cut off date for maintaining the Administration as on May, 1996 the cut off date for maintaining the Administration as on May, 1996 the cut off date for maintaining the seniority.

3. Learned counsel(s) for the respondents, however, submit Learned counsel he respondents, however, submits that unicipal Corporation by exercising the private respondents had joined the Municipal Corporation by exercising the private respondents had joined their option as sought in May, 1996. R ption as sought in May, 1996. Respondents No.6 espondents No.6 to 23 did not exercise their option at that time and, therefore exercise their option at that time and therefore, they cannot be held to be 4 especially when respondents No.1 to 4 had senior to respondents No.1 to 4 especially when respondents No.1 to 4 had senior to respondents No.1 to become the permanent cadre employees of the Municipal Corporation, become the permanent cadre employees of the Municipal Corporation, become the permanent cadre employees of the Municipal Corporation, Chandigarh with effect from 1996 which is much prior to the transfer of Chandigarh with effect from 1996 which is much prior to the transfer of Chandigarh with effect from 1996 which is much prior to the transfer of respondents No.6 to 23 to the Municipal Corporation. He further submits respondents No.6 to 23 to the Municipal Corporation. He further submits respondents No.6 to 23 to the Municipal Corporation. He further submits that only after respondents No.6 to 23 had been that only after respondents No.6 to 23 had been declared surplus by the they had been transferred to the Municipal Chandigarh Administration, they had been transferred to the Municipal Chandigarh Administration Corporation after the options were sought in that regard. Corporation after the options were sought in that regard. Corporation after the options were sought in that regard.

5. Heard. Heard. Respondents No.1 to 4 as well as respondents No.6 to 23 were Respondents No.1 to 4 as well as respond Respondents No.1 to 4 as well as respond working in the Chandigarh Administration in the clerical cadre and working in the Chandigarh Administration in the clerical cadre and working in the Chandigarh Administration in the clerical cadre and seniority list was maintained in terms of their date of joining in the seniority list was maintained in terms of their date of joining in the seniority list was maintained in terms of their date of joining in the Chandigarh Administration. The Chandigarh Administration sought options Chandigarh Administration. The Chandigarh Administration sought options Chandigarh Administration. The Chandigarh Administration sought options for transfer of the employees to Municipal Corporation for transfer of the emplo yees to Municipal Corporation vide Notification ing the posts of clerks in the dated 18.05.1996, as several posts including the posts of clerks in the dated 18.05.1996 epartment of the Chandigarh Administration were ordered to Engineering Department of the Chandigarh Administration were ordered to Engineering D VANDANA 2025.01.13 14:23 I attest to the accuracy and integrity of this document LPA-201-2020 2020 (O&M) be transferred from the services of UT, Chandigarh to Municipal sferred from the services of UT, Chandigarh to Municipal n, Chandigarh. The respondents No.1 to 4 had exercised their n, Chandigarh. The respondents N Corporation, Chandigarh. The respondents N option for transfer which was accepted and they were transferred to the option for transfer which was accepted and they were transferred to the option for transfer which was accepted and they were transferred to the Municipal Corporation, Chandigarh. Some Municipal Corporation, Chandigarh. Some of the employees of the ation had challenged Chandigarh Administration had challenged Chandigarh Administ the Notification dated the Noti before the Central Administrative Tribunal (for short ‘The 18.05.1996 before the Central Administrative Tribunal (for short ‘The before the Central Administrative Tribunal (for short ‘The on the ground that adequate time was not accorded to them for Tribunal’) on the ground that adequate time was not accorded to them for on the ground that adequate time was not accorded to them for The Tribunal by the judgment dated 09.11.2001 had exercising their option. The Tribunal by the judgment dated 09.11.2001 had exercising their option dministration and issued directions for fresh et aside the action of the UT Administration and issued directions for fresh set aside the action of chances to all the employees for exercise of such options. The relevant chances to all the employees for exercise of such options. The relevant chances to all the employees for exercise of such options. The relevant extract of the judgment dated 09.11.2001 (Annexure R extract of the judgment dated 09.11.2001 (Annexure R-1) of the ‘Tribunal’ is reproduced hereunder: hereunder:- We have also considered relevant letter dated We have also considere “12. 12. 2 under which options were invited 13.05.1996, Annexure A-2 under which options were invited 13.05.1996, Annexure A from the employees of Chandigarh Administration for their from the employees of Chandigarh Administration for their from the employees of Chandigarh Administration for their transfer to Municipal Corporation as well as Press Note dated transfer to Municipal Corporation as well as Press Note dated transfer to Municipal Corporation as well as Press Note dated 15.05.1996 in which a stipulation was made that in case no 15.05.1996 in which a stipulation was made that in ca 15.05.1996 in which a stipulation was made that in ca option was received by 10.00 AM on 15.05.1996 (as per option was received by 10.00 AM on 15.05.1996 (as per option was received by 10.00 AM on 15.05.1996 (as per Annexure A 2 dated 13.05.1996) and upto 5.00 PM on Annexure A-2 dated 13.05.1996) and upto 5.00 PM on 15.05.1996, it will be presumed that they do not want to 15.05.1996, it will be presumed that they do not want to 15.05.1996, it will be presumed that they do not want to exercise option and transfers will be ordered as per policy of exercise option and transfers will be ordered as per policy of exercise option and transfers will be ordered as per policy of sending out the junior pe rsons. The time given to the employees sending out the junior persons. The time given to the employees was so short that it cannot be held to be proper opportunity to was so short that it cannot be held to be proper opportunity to was so short that it cannot be held to be proper opportunity to them to think over and make up their minds and thereafter them to think over and make up their minds and thereafter them to think over and make up their minds and thereafter exercise their right of option. We thus declare such letters of exercise their right of option. We thus declare such letters of exercise their right of option. We thus declare such letters of option to be insufficient notice to the employees. The option to be insufficient notic option to be insufficient notic exercise of option or on account of presumption raised on non-exercise of option or on account of presumption raised on non the facts that some options were received after the time given the facts that some options were received after the time given the facts that some options were received after the time given in Annexure A 2 and the press note dated 15.05.1996 and thus in Annexure A-2 and the press note dated 15.05.1996 and thus not acceptable is declared to be illegal. We direct fresh not acceptable is declared to be illegal. We not acceptable is declared to be illegal. We chances be given to all the employees for exercise of such chances be given to all the employees for exercise of such chances be given to all the employees for exercise of such option option option Municipal Corporation, Chandigarh, if they so desire with Municipal Corporation, Chandigarh, if they so desire with Municipal Corporation, Chandigarh, if they so desire with sufficient time of notice, which should not be less than 30 days sufficient time of notice, which should not be less than 30 days sufficient time of notice, which should not be less than 30 days e issuance of such notice. It may also be conveyed in from th from the issuance of such notice. It may also be conveyed in exercise of option by the employees it is such notice that if after exercise of option by the employees it is such notice that if after that more employees remain with Chandigarh that more employees remain with Chandigarh that more employees remain with Chandigarh Administration than posts available in the relevant cadres, they Administration than posts available in the relevant cadres, they Administration than posts available in the relevant cadres, they plus and shall be liable to (a) retrenched will be tendered surplus and shall be liable to (a) retrenched will be tendered sur from service in case provisions of Industrial Disputes Act or from service in case provisions of Industrial Disputes Act or from service in case provisions of Industrial Disputes Act or other Industrial laws are applicable to those categories; or other Industrial laws are applicable to those categories; or other Industrial laws are applicable to those categories; or transfer and absorption transfer and absorption transfer and absorption their permanent their permanent their permanent VANDANA 2025.01.13 14:23 I attest to the accuracy and integrity of this document LPA-201-2020 2020 (O&M) (b) that they are likely to lose their jobs due to the fact that the (b) that they are likely to lose their jobs due to the fact that the (b) that they are likely to lose their jobs due to the fact that the y were working are no longer available with posts on which they were working are no longer available with posts on which the the Administration, under the relevant service rules applicable the Administration, under the relevant service rules applicable the Administration, under the relevant service rules applicable to them. Here respondents Administration can apply the to them. Here respondents Administration can apply the to them. Here respondents Administration can apply the ” principles of ‘Last come first go’.” principles of ‘

6. The judgement of the Tribunal was challenged in The judg ment of the Tribunal was challenged in CWP No.5295-CAT and this Court by the judgment dated 11.04.2002 had CAT-2002 and this Court by the judgment dated 11.04.2002 had dismissed the writ petition and affirmed the judgment of the Tribunal. dismissed the writ petition and affirmed the judgment of the Tribunal. dismissed the writ petition and affirmed the judgment of the Tribunal. fresh notices for transfers by exercising the option were issued Thereafer, fresh notices for transfers by exercising the option were issued fresh notices for transfers by exercising the option were issued by the Chandigarh Administration Chandigarh Administration vide Notification Notifications dated 15.04.2005 and ment of the Tribunal. Several 06.06.2005 in compliance with the judgement of the Tribunal. Several 06.06.2005 in compliance with the judg employees who exercised their options were transferred to the Municipal employees who exercised their options were transferred to the Municipal employees who exercised their options were transferred to the Municipal dated 15.04.2005 and 06.06.2005 were Corporation. The Notifications dated 15.04.2005 and 06.06.2005 were Corporation. The Notification again challenged before the C challenged before the Central Administrative dministrative Tribunal by some employees of the Municipal Corporation on the ground that their seniority employees of the Municipal Corporation on the ground that their seniority employees of the Municipal Corporation on the ground that their seniority has been adversely affected by the transfer of the employees. The Tribunal has been adversely affected by the transfer of the employees. The has been adversely affected by the transfer of the employees. The by its order dated 24.02.2006 (Annexure R by its order dated

24.02.2006 (Annexure R-3) issued the following directions:- “47. Thus after overall analysis of the matter as above, our 47. Thus after overall analysis of the matter as above, our 47. Thus after overall analysis of the matter as above, our ultimate conclusion is as under and we now hold and direct ultimate conclusion is as under and we now hold and direct ultimate conclusion is as under and we now hold and direct that:- that: a) Provisions of Section 428 A (2) (h) are a) Provisions of Section 428 A (2) (h) are applicable to the employees working under the Chandigarh applicable to the employees working under the Chan Administration on or before the transfer of functions to MCC. Administration on or before the transfer of functions to MCC. Administration on or before the transfer of functions to MCC. Section 428 (3) (C) empowers the Administrator to decide Section 428 (3) (C) empowers the Administrator to decide Section 428 (3) (C) empowers the Administrator to decide which of these employees were functioning in connection with which of these employees were functioning in connection with which of these employees were functioning in connection with the transferred functions and frame a policy about their the transferred functions and frame a policy about their the transferred functions and frame a policy about their Municipal Corporation. transfer to Municipal Corporation. transfer to b) Fresh options should be invited from all the b) Fresh options should be invited from all the employees of Chandigarh Administration who were in service employees of Chandigarh Administration who were in service employees of Chandigarh Administration who were in service on the post held by them in May, 1996 when certain functions on the post held by them in May, 1996 when certain functions on the post held by them in May, 1996 when certain functions were transferred to MCC (for short the crucial/cut off date) were transferred to MCC (for short the crucial/cut off date) were transferred to MCC (for short the crucial/cut off date) rdless whether they have earlier opted for going to MCC. regardless whether they have earlier opted for going to MCC. Option should be invited in bilateral form to enable the Option should be invited in bilateral form to enable the Option should be invited in bilateral form to enable the employees to give his choice to opt for either of these two employees to give his choice to opt for either of these two employees to give his choice to opt for either of these two Departments i.e. Chandigarh Administration or Municipal Departments i.e. Chandigarh Administration or Municipal Departments i.e. Chandigarh Administration or Municipal d thereafter to act accordingly. Corporation, Chandigarh and thereafter to act accordingly. Corporation, Chandigarh an VANDANA 2025.01.13 14:23 I attest to the accuracy and integrity of this document LPA-201-2020 2020 (O&M) c) No option be taken from those who were in c) No option be taken from those who were in service on the crucial/cut off date but are no longer in service service on the crucial/cut off date but are no longer in service service on the crucial/cut off date but are no longer in service includes retire/resigned or have died or those who were daily includes retire/resigned or have died or those who were daily includes retire/resigned or have died or those who were daily wagers or on work charged establishment or have bee wagers or on work charged establishment or have been wagers or on work charged establishment or have bee recruited after the crucial/cut off date. recruited after the crucial/cut off date. recruited after the crucial/cut off date. d) A minimum period of 30 days should be given d) A minimum period of 30 days should be given for exercising option. for exercising option. e) A combined seniority list of staff would be made e) A combined seniority list of staff would be made category wise in the posts held by them on crucial/cut off date category wise in the posts held by them on crucial/cut off date category wise in the posts held by them on crucial/cut off date ignoring any promotion made subsequently. The allocation ignoring any promotion made subsequently. The allocation between Chandigarh Administration and MCC would be made between Chandigarh Administration and MCC would be made between Chandigarh Administration and MCC would be made as per seniority and choice/option received. as per seniority and choice/option received. as per seniority and choice/option received. f) Bifurcation of posts between MCC and f) Bifurcation of posts between MCC and functions functions Chandigarh Administration on Chandigarh Administration on functions Chandigarh Administration on transferred to MC shall remai n the same as had been done transferred to MC shall remain the same as had been done earlier except that wherever the posts have been abolished, earlier except that wherever the posts have been abolished, earlier except that wherever the posts have been abolished, their number would stand reduced to that extent. their number would stand reduced to that extent. their number would stand reduced to that extent. the basis of the basis of the basis of g) If the number of persons opting to stay with g) If the number of persons opting to stay with Chandigarh Administration is more than the number of posts Chandigarh Administration is more than the number of posts Chandigarh Administration is more than the number of posts relevant cadre, the senior most would be retained available in relevant cadre, the senior most would be retained available in as per combined seniority list referred to in para (e) above. as per combined seniority list referred to in para (e) above. as per combined seniority list referred to in para (e) above. Those who are found to be in excess and are the junior most Those who are found to be in excess and are the junior most Those who are found to be in excess and are the junior most would be given another chance in a time bound manner either would be given another chance in a time bound manner either would be given another chance in a time bound manner either to revise their option and opt for their absorption in the MCC to revise their option and opt for their absorption in the MCC or be ready to be retrenched as per law having become or be ready to be retrenched as per law having become or be ready to be retrenched as per law having become surplus. surplus. h) Persons recruited after crucial/cut off date, who h) Persons recruited after crucial/cut off date, who would obviously be junior to the persons already in service on would obviously be junior to the persons already in service on would obviously be junior to the persons already in service on completion of the process of crucial/cut off date. If after completion of the process of crucial/cut off date. If after allocation of employees between Chandigarh Administration allocation of employees between Chandigarh Administration allocation of employees between Chandigarh Administration and MCC as above, some posts in MCC remain vacant and and MCC as above, some posts in MCC remain vacant and and MCC as above, some posts in MCC remain vacant and there are surplus employees in Chandigarh Administration there are surplus employees in Chandigarh Administration there are surplus employees in Chandigarh Administration including those recruited after crucial/cut off date, they would including those recruited after crucial/cut off date, the including those recruited after crucial/cut off date, the be given an opportunity to opt for absorption in MCC before be given an opportunity to opt for absorption in MCC before be given an opportunity to opt for absorption in MCC before retrenchment on the basis of “last come first go”. retrenchment on the basis of “last come first go”. retrenchment on the basis of “last come first go”.

7. It is manifest that the Tribunal directed It is manifest that directed that the persons who were recruited after the cut off date of May, 1996 would be junior to were recruited after May, 1996 would be junior to the persons who were already in service as on that date. It was also directed persons who were already in service as on that date. It was also directed persons who were already in service as on that date. It was also directed after completion of the process of allocation of employees between the after completion of the process of allocation of employees between that after completion of the process of allocation of employees between Chandigarh Administration and Municipal Corporation Chandigarh, if some Chandigarh Administration and Municipal Corporation Chandigarh Administration and Municipal Corporation and there were surplus employees in posts in MCC remained vacant and there were surplus employees in posts in MCC remained vacant Chandigarh Administration including those recruited after the crucial/cut Chandigarh Administration including those recruited after Chandigarh Administration including those recruited after off date, they would be given an opportunity to opt for absorption in MCC off date, they would be given an opportunity to opt for absorption in MCC off date, they would be given an opportunity to opt for absorption in MCC before retrenchment on the basis of ‘last come first go before retrenchment on the basis of last come first go’. VANDANA 2025.01.13 14:23 I attest to the accuracy and integrity of this document LPA-201-2020 2020 (O&M)

8. These directions assume significance These dir s assume significance as in pursuance thereto the Chandigarh Administration the Chandigarh Administration issued another Notification on another Notification on 20/22.05.2006 inviting options for the employees 20/22.05.2006 inviting options for the employees for transfer to the Municipal Corporation. orporation. Respondents No.1 to espondents No.1 to 4 exercised that option, they were transferred and absorbed in the Municipal C were transferred and absorbed in the Municipal Corporation. The seniority respondents No.1 to 4 in their parent cadre under the Chandigarh of respondents No.1 to 4 in their parent cadre under the Chandigarh respondents No.1 to 4 in their parent cadre under the Chandigarh Administration was protected in terms of the Notification dated May, 1996. Administration was protected in terms of the Notification dated May, 1996. Administration was protected in terms of the Notification dated May, 1996.

9. We do not find any merit in the contention of the counsel for We do not find any merit in the co We do not find any merit in the co respondents No.1 to 4 that there is illegality in the action of the Chandigarh pondents No.1 to 4 that there is illegality in the action of the Chandigarh Administration in transferring respondents No.6 to 23, f Administration in transf erring respondents No.6 to 23, for the reason that action of the Chandigarh Administration was in consonance with the the action of the Chandigarh Administration was in consonance with the action of the Chandigarh Administration was in consonance with the ections of the Tribunal. These directions had attained finality and were directions of the Tribunal. These directions had attained finality and were ections of the Tribunal. These directions had attained finality and were not a subject matter of challenge at any point in not a subject mat ter of challenge at any point in time. Further more, the previous challenge to the absorption of employees in the Municipal previous challenge to the absorption of employees in the Municipal previous challenge to the absorption of employees in the Municipal Corporation as already noticed hereinabove Corporation as al eady noticed hereinabove had been negated by the Tribunal as well as this Court by dismissing the writ petition. Tribunal as well as this Court by dismissing the writ petition. Tribunal as well as this Court by dismissing the writ petition.

10. Admittedly, respondents No.1 to 4 were junior to respondents Admittedly, respondents No.1 to 4 were junior to respondents Admittedly, respondents No.1 to 4 were junior to respondents No.6 to 23 in the Chandigarh Administration the parent department under the Chandigarh Administration and they were all occupying s they were all occupying similar posts and had similar qualifications imilar posts and had similar qualifications. In terms of the Notification issued in May, 1996, t terms of the Notification issued in 1996, the seniority as on that date in the Chandigarh Administration had to be maintained even after transfer in the Chandigarh Administration had to be maintained even after transfer in the Chandigarh Administration had to be maintained even after transfer of employees to the Municipal Corporation. It is not a case where the of employees to the Municipal Corporation. of employees to the Municipal Corporation. respondents No.1 to 4 had responded to the call of the nation to serve on the respondents No.1 to 4 had responded to the call of the nation to serve on the respondents No.1 to 4 had responded to the call of the nation to serve on the border. They had only opted earlier than respondents No.6 to 23 to be border. They had only opted earlier than respondents No.6 to 23 to be border. They had only opted earlier than respondents No.6 to 23 to be transferred to the Municipal Corporation, Chandigarh. The place of posting transferred to the Municipal Corporation, Chandigarh. The place of posting transferred to the Municipal Corporation, Chandigarh. The place of posting of the Chandigarh Administration and the employees of for the employees of the Chandigarh Administration and the employees of for the employees the Municipal Corporation is Chandigarh. Their inter se seniority as on the Municipal Corporation is Chandigarh. Their inter se seniority as on the Municipal Corporation is Chandigarh. Their inter se seniority as on VANDANA 2025.01.13 14:23 I attest to the accuracy and integrity of this document LPA-201-2020 2020 (O&M) May, 1996 is being maintained. All the respondents were working with May, 1996 is being maintained. All the respondents were working with May, 1996 is being maintained. All the respondents were working with Chandigarh Administration on that date. Therefore, we do not Chandigarh Administration on that date. Therefore, we do not find any illegality in the action of the Chandigarh Administration in transferring illegality in the action of the Chandigarh Administration in transferring illegality in the action of the Chandigarh Administration in transferring respondents No.6 to 23 to the Municipal Corporation and maintaining their respondents No.6 to 23 to the Municipal Corporation and maintaining their respondents No.6 to 23 to the Municipal Corporation and maintaining their seniority over and above respondents No.1 to 4. The S seniority over and ab ove respondents No.1 to 4. The Single Bench had issued directions for maintaining the seniority of issued direction ing the seniority of the employees who were already transferred to the MCC and they were already transferred to the MC and they were not to be adversely affected with regard to the seniority. These directions appear to have been issued with regard to the seniority. These directions appear to have been issued with regard to the seniority. These directions appear to have been issued examining the issue of seniority in the light of the factual backdrop without examining the issue of seniority in the light of the factual backdrop examining the issue of seniority in the light of the factual backdrop referred to hereinbefore. A perusal of the judgment referred to hereinbefore. A perusal of the judgment of the Single Bench indicates that the issue that the issue with regard to the seniority with regard to the seniority was not even addressed counsel for the parties. by the counsel for the parties.

11. At this juncture, learned counsel At this juncture, l earned counsel for respondents No. 1 to 4 submits that when when Chandigarh Administration issued Chandigarh Administration issued seniority list in 2018, respondents No.1 to 4 did not find mention therein as they were the respondents No.1 to 4 did not find mention therein as they were respondents No.1 to 4 did not find mention therein as they were employees of the Municipal Corporation. We do not find any employees of the Municipal Corporation. permanent employees of the Municipal Corporation. vested right in their favour to claim merit in the argument as there is no vested right in their favour to claim merit in the argument as there is no seniority over and above respondents No.6 to 23 as t seniority over and above respondents No.6 to 23 as there is no dispute that respondents No.6 to 23 were senior to respondents No.1 to 4 in the respondents No.6 to 23 were senior to respondents No.1 to 4 in the respondents No.6 to 23 were senior to respondents No.1 to 4 in the Chandigarh Administration. Chandigarh Adminis

12. Consequently, we set aside the judgment of the Single Bench Consequently, we set aside the judgment of the Single Bench Consequently, we set aside the judgment of the Single Bench to the extent it holds that the employees who are already transferred to the to the extent it holds that the employees who are already transferred to the to the extent it holds that the employees who are already transferred to the Municipal Corporation vide Notification dated 09/10.10.2006 would not be Municipal Corporation vide Notification dated 09/10.10.2006 would not be Municipal Corporation vide Notification dated 09/10.10.2006 would not be effect to the Notice dated 09.07.2010. adversely affected while giving effect to the Notice dated 09.07.2010. adversely affected while giving

13. Needless to observe that the seniority would be determined as Needless to observe that the seniority would be determined as Needless to observe that the seniority would be determined as per the seniority in the Chandigarh Administration as on May, 1996. The per the seniority in the Chandigarh Administration as on May, 1996. The per the seniority in the Chandigarh Administration as on May, 1996. The VANDANA 2025.01.13 14:23 I attest to the accuracy and integrity of this document LPA-201-2020 2020 (O&M) action of the Chandigarh Administration in this regard cannot be said to be action of the Chandigarh Administration in this regard cannot be said to be action of the Chandigarh Administration in this regard cannot be said to be llegal, arbitrary or suffering from any infirmity in law. illegal, arbitrary or suffering from any infirmity in law. llegal, arbitrary or suffering from any infirmity in law.

14. Resultantly, the Letters Patent Appeal Resultantly, t he Letters Patent Appeal stands partly allowed. (ANUPINDER SINGH GREWAL (ANUPINDER SINGH GREWAL) JUDGE JUDGE (LAPITA BANERJI) (LAPITA BANERJI) JUDGE JUDGE December 12 vandana 2, 2024 Whether speaking/reasoned : ther speaking/reasoned : Whether reportable : Whether reportable Yes/No Yes/No VANDANA 2025.01.13 14:23 I attest to the accuracy and integrity of this document