Union Of India vs Unknown
2021 Latest Caselaw 4161 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                 ON THE 25th DAY OF AUGUST 2021




                                                       .
                             BEFORE





               HON'BLE MR. JUSTICE RAVI MALIMATH,
                      ACTING CHIEF JUSTICE





                                &
           HON'BLE MS. JUSTICE JYOTSNA REWAL DUA


               CIVIL WRIT PETITION No. 1472 of 2013





                           ALONGWITH
               CIVIL WRIT PETITION No. 1943 of 2013

         Between:-

         CIVIL WRIT PETITION No. 1472 of 2013
    1.   UNION OF INDIA,
         MINISTRY OF DEFENCE,
         THROUGH SECRETARY (DEFENCE),


         GOVT. OF INDIA, NEW DELHI.
    2.   GENERAL OFFICER
         COMMANDING IN CHIEF,
         HEADQUARTER, ARMY TRAINING




         COMMAND, SHIMLA, H.P.
    3.   COL. ADMINISTRATION,





         HEADQUARTER ARMY TRAINING
         COMMAND, SHIMLA, H.P.
                                                  ......PETITIONERS





         (BY BALRAM SHARMA, ASSISTANT
         SOLICITOR GENERAL OF INDIA)
         AND
         SHRI DAYALU RAM,
         SON OF SHRI TULU RAM,
         R/O VILLAGE BHONOG,
         PO TABBEN, TEHSIL KARSOG,
         DISTT. MANDI, H.P.
                                                 ......RESPONDENT
         (BY MS. SHIKHA CHAUHAN,
         ADVOCATE, ABSENT)




                                      ::: Downloaded on - 31/01/2022 22:56:52 :::CIS
                                      -2-



          CIVIL WRIT PETITION No. 1943 of 2013
    1.    UNION OF INDIA,




                                                              .
          MINISTRY OF DEFENCE,





          THROUGH SECRETARY (DEFENCE),
          GOVT. OF INDIA, NEW DELHI.
    2.    GENERAL OFFICER





          COMMANDING IN CHIEF,
          HEADQUARTER, ARMY TRAINING
          COMMAND, SHIMLA, H.P.
    3.    COL. ADMINISTRATION,
          HEADQUARTER ARMY TRAINING





          COMMAND, SHIMLA, H.P.
                                                         ......PETITIONERS
          (BY BALRAM SHARMA, ASSISTANT
          SOLICITOR GENERAL OF INDIA)
          AND


          SHRI BALDEV,
          SON OF SHRI DHANU RAM,
          R/O VILLAGE CHHAKOH,
          PO CHHAKOH, TEHSIL SADAR,


          DISTT. BILASPUR, H.P.
                                                        ......RESPONDENT
          (BY MS. SHIKHA CHAUHAN,




          ADVOCATE, ABSENT)





           This petition coming on for hearing this day, Hon'ble
    Mr. Justice Ravi Malimath, passed the following:





                                  ORDER

Mr. Balram Sharma, learned Assistant Solicitor General

of India, submits that the subject matter in these petitions is covered

by a judgment of the Hon'ble Supreme Court, dated 11.12.2018,

passed in Civil Appeal No.12004 of 2018, titled Union of India and

others versus Dyalu Ram.

2. In terms of the said judgment, it was held in para-9 that

the order of the Tribunal is unsustainable, in view of the fact that

.

employees of regimental canteens are neither government servants

nor are they engaged in connection with a civil post under the Union.

Consequently, the Tribunal had no jurisdiction to entertain the claim

under Section 14 of the Administrative Tribunals Act, 1985.

3. In view of the submission made and the pronouncement

of law, these petitions are allowed. The orders dated 28.07.2011,

passed by the Central Administrative Tribunal, Shimla Circuit Bench

at Shimla, in O.A. No.724/HP/2010 and O.A. No.725/HP/2010, are

set aside. Consequently, the original applications are dismissed, in

terms of the reasonings as assigned by the Hon'ble Supreme Court,

vide judgment dated 11.12.2018, passed in Civil Appeal No.12004

of 2018, titled Union of India and others versus Dyalu Ram.

Pending miscellaneous applications are also disposed

off.

( Ravi Malimath ) Acting Chief Justice

( Jyotsna Rewal Dua ) Judge August 25, 2021 ( Himalvi/Yashwant )