MADAN LAL v. UNION OF INDIA AND OTHERS

Court: High Court of Himachal Pradesh

Bench: HON'BLE MR. JUSTICE AJAY MOHAN GOEL

Judgment date: 2024-05-15

Case summary

High Court of Himachal Pradesh judgment dated 2024-05-15. MADAN LAL v. UNION OF INDIA AND OTHERS. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3260 of 2016 a/w CWPs No225, 308, 471, 1336, 1342, 1343 of 2017, 1731, 2025, 2576, 2760, 2835, 2857, 2931 of 2017, CWPs No. 104, 348, 349, 350, 485, 530, 556, 744, 1100, 1228, 1233, 2519 of 2018, CWPs No. 362, 763, 943 of 2019, CWPs No. 531, 744, 850, 1020, 1079, 2360, 2501 of 2020, CWPs No. 2133, 7241 of 2021, CWP No. 640 of 2022 and CWP No. 489 of 2023 Decided on: 15. 05. 2024 CWP No. 3260 of 2016 Anjana Kumari … Petitioner Versus Union of India & another … Respondents CWP No. 225 of 2017 Major Singh … Petitioner Versus Union of India & others … Respondents CWP No. 308 of 2017 Amar Jyoti Dadwal … Petitioner Versus Union of India & others … Respondents CWP No. 471 of 2017 Ranjana Kumari … Petitioner Versus Union of India & others … Respondents CWP No. 1336 of 2017 Pawan Kumar … Petitioner Versus Union of India & others … Respondents CWP No.

1342 of 2017 Anupama Kumari … Petitioner Versus Union of India & others … Respondents Whether reporters of the local papers may be allowed to see the judgment? CWP No. 1343 of 2017 Nayan Kamal … Petitioner Versus Union of India & others … Respondents CWP No. 1731 of 2017 Kashmir Singh … Petitioner Versus Union of India & others … Respondents CWP No. 2025 of 2017 Dr. Pamil Kumar … Petitioner Versus Union of India & others … Respondents CWP No. 2576 of 2017 Jhumkesh Kumar & others … Petitioners Versus Union of India & others … Respondents CWP No. 2760 of 2017 Archana … Petitioner Versus Union of India & others … Respondents CWP No. 2835 of 2017 Dr. Gaurav Soni … Petitioner Versus Union of India & others … Respondents CWP No. 2857 of 2017 Dr. Anuja Sharma … Petitioner Versus Union of India & others … Respondents CWP No. 2931 of 2017 Ex-LNK. Lal Chand No. 399483 … Petitioner Versus Union of India & others … Respondents CWP No.

104 of 2018 Hem Raj … Petitioner Versus Union of India & others … Respondents CWP No. 348 of 2018 Kusum Lata & others … Petitioners Versus Union of India & others … Respondents CWP No. 349 of 2018 Neha Sharma & others … Petitioners Versus Union of India & others … Respondents CWP No. 350 of 2018 Ishan Sharma & others … Petitioners Versus Union of India & others … Respondents CWP No. 485 of 2018 Vishal Goura & others … Petitioners Versus Union of India & others … Respondents CWP No. 530 of 2018 Ramesh Chand … Petitioner Versus Union of India & others … Respondents CWP No. 556 of 2018 Naresh Kumar & another … Petitioners Versus Union of India & others … Respondents CWP No. 744 of 2018 Sarita Kumari … Petitioner Versus Union of India & others … Respondents CWP No. 1100 of 2018 Pinky Devi … Petitioner Versus Union of India & others … Respondents CWP No. 1228 of 2018 Nirmala Devi … Petitioner Versus Union of India & others … Respondents CWP No.

1233 of 2018 Kumari Ankush Sharma … Petitioner Versus Union of India & others … Respondents CWP No. 2519 of 2018 Krishan Lal … Petitioner Versus Union of India & others … Respondents CWP No. 362 of 2019 Joginder Kumar … Petitioner Versus Union of India & others … Respondents CWP No. 763 of 2019 Anil Kumar … Petitioner Versus Union of India & others … Respondents CWP No. 943 of 2019 Ashok Kumar … Petitioner Versus Union of India & others … Respondents CWP No. 531 of 2020 Shashi Kumar … Petitioner Versus Union of India & others … Respondents CWP No. 744 of 2020 Ex. Hav Madan Lal … Petitioner Versus Union of India & others … Respondents CWP No. 850 of 2020 Raj Kumar … Petitioner Versus Union of India & others … Respondents CWP No. 1020 of 2020 Ex. Nk. Pawan Kumar … Petitioner Versus Union of India & others … Respondents CWP No. 1079 of 2020 Praveen Kumar … Petitioner Versus Union of India & others … Respondents CWP No.

2360 of 2020 Swaroopi Devi … Petitioner Versus Union of India & others … Respondents CWP No. 2501 of 2020 Ex. Hav. Achhar Singh & another … Petitioners Versus Union of India & others … Respondents CWP No. 2133 of 2021 Ex-Subedar Bhupender Singh Verma … Petitioner Versus Union of India & others … Respondents CWP No. 7241 of 2021 Ex. Nb. Sub Dharam Chand … Petitioner Versus Union of India & others … Respondents CWP No. 640 of 2022 Ex-Subedar Bhupender Singh Verma … Petitioner Versus Union of India & others … Respondents CWP No. 489 of 2023 Raj Kumari … Petitioner Versus Union of India & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. 1 Whether approved for reporting? _____________________________________________________ For the petitioner : Dr. Lalit Kumar Sharma, Mr. Tara Singh Chauhan, Mr. Nipun Sharma, Mr. Devender K. Sharma, Aman Parth Sharma, Advocates, for the petitioner(s), in all the respective petitions. For the respondents : Mr.

Balram Sharma, Deputy Solicitor General of India, for the respondents- UOI, in all the respective petitions. None for private respondents. Ajay Mohan Goel, Judge (Oral) When the cases were taken up for consideration, the Court was informed that Hon’ble Division Bench of this Court has passed the following order in similar cases:- “1. It is not in dispute that the similar issue, as involved in the instant petition, is pending before the Hon’ble Supreme Court in SLP(C) No. 36359 of 2016. 2. In the given facts and circumstances, we dispose of this petition by directing that the instant petition shall abide by the decision of SLP(C) No. 36359 of 2016 pending before the Hon’ble Supreme Court. 3. The petition is disposed of in the aforesaid terms. 1 Whether reporters of the local papers may be allowed to see the judgment? Pending miscellaneous application(s), if any, also stand disposed of. ” 2.

Learned counsel for the parties submit that these Writ petitions can also be disposed of by passing the same order. 3. Learned Deputy Solicitor General of India submits that it be clarified that the petitioners, who either have attained or shall be attaining the age of superannuation as per the Policy, can be retired by the Department concerned on attaining superannuation. 4. Mr. Aman Parth Sharma, learned counsel appearing for the respondents in CWP No. 744 of 2018, submits that it may also be observed that those petitioners who have not been granted interim protection, shall get complete benefit of the adjudication of the matter by Hon’ble Supreme Court of India. 5. Accordingly, as agreed, all these petitions are disposed of by observing that in view of the fact that similar issue is pending adjudication before Hon’ble Supreme Court of India in SLP(C) No. 36359 of 2016, it is directed that the present petitions shall abide by the decision of Hon’ble Supreme Court in SLP(C) No.

36359 of 2016. The petitioners who have been engaged by virtue of the orders passed by this Court, shall continue to get the protection of the orders, till the adjudication of the matter by Hon’ble Supreme Court of India or till they superannuate as per the Policy, whichever is earlier. Similarly, qua those petitioners who have not been granted any interim protection by the Court, the outcome of the SLP(C) No. 36359 of 2016 shall be binding on both the parties qua the reliefs for which they approached the Court at the first instance. The respondents shall be at liberty to fill up the posts which are presently lying vacant on account of resignation tendered by some of the petitioners, but this shall also abide by the decision of SLP(C) No. 36359 of 2016. The parties shall be at liberty to approach this Court in case any clarification or modification of this order is required. Pending miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel) Judge May 15, 2024 (Rishi)

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