Advocate Ashish Sheokand

Questions Answered by Advocate Ashish Sheokand

Q: LPA PENDING IN P&H HIGH COURT SINCE 2012

A PETITION WAS FILED IN HIGH COURT CHD BY EMPLOYEES AGAINST DENIAL OF 5TH PAY RECOMMENDATIONS TO ONE OF THE HARYANA CORPORATION. THE RECOMMENDATIONS WERE IMPLEMENTED TO OTHER HARYANA EMPLOYEES. PETITIONER'S SUCCEEDED IN SINGLE BENCH DECISION. GOVT FILED LPA IN 2012 AND MATTER REMAINS PENDING FOR MORE THAN 14 YEARS. ALL BECAME SENIOR CITIZENS AGE 70-80, SOME DIED. I MADE A PERSONAL REQUEST TO CJI & R. GENERAL S COURT FOR ABNORMAL DELAY & PRIORITY LISTING. CAN I EXPECT DIRECTIONS TO HC BY SC IN IT

Advocate Ashish Sheokand answered
Dear Sir/Madam,Yes, you may seek appropriate directions from the Hon’ble Supreme Court for expeditious disposal of the pending LPA, particularly in view of the extraordinary delay of more than 14 years and the advanced age of the petitioners. However, the grant of such directions is at the discretion of the Court and depends on the facts and procedural history of the case.You may consider filing an application for urgent listing/early hearing before the Hon’ble Supreme Court, highlighting the prolonged pendency, the petitioners’ ages, and the hardship caused by the delay. It would also be advisable to obtain an updated status of the LPA before the Punjab and Haryana High Court and explore an appropriate application for expeditious hearing before the High Court itself.A civil-law advocate experienced in Supreme Court matters can examine the earlier Single Bench judgment, the State’s LPA, and the representation already submitted to the Hon’ble Chief Justice of India to advise on the appropriate legal remedy. A favourable outcome cannot be guaranteed, but the exceptional delay and the petitioners’ circumstances may be relevant grounds for seeking priority consideration.

Q: Pending litigation in P&H High court since year 2000 and 26 years.

HSMITC was a state corporation closed in June 2002.It did not extend the 5th pay commission benefit to its employees from 01 01 1996.Writ filed by employees in 2000. The employees succeeded in single bench in 2012. Govt filed LPA. Matter pending since last 14 years. Petitioners now senior citizens aged 70-80, some died. I requested to CJ & RG of P&H court individually for priority listing and early disposal. Can I expect some action by CJ High Court where matter pending for more than 14 years.

Advocate Ashish Sheokand answered
Yes, you may seek appropriate judicial intervention for early hearing and expeditious disposal of the pending LPA before the Punjab and Haryana High Court. Since the matter has remained pending for over 14 years and several petitioners are now senior citizens, you may request your advocate to file a formal application for priority listing, highlighting the advanced age of the petitioners, the prolonged delay and the hardship caused by non-disposal. You may also submit a detailed representation to the Registrar General or the Chief Justice through the prescribed procedure. However, a representation does not guarantee immediate listing or a particular outcome. The matter will be considered in accordance with the Court's rules, judicial discretion and applicable law. Ensure that the case number, previous orders and relevant service-benefit documents are properly presented. An experienced service-law advocate can advise whether any further appropriate legal remedy is available to seek an early hearing and final adjudication.