Himachal Pradesh High Court
Dr. Jahnvi Shekhar vs Chaudhary Sarwan Kumar on 23 December, 2022
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPOA No.2646 of 2020
Date of Decision: 23.12.2022
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_______________________________________________________
Dr. Jahnvi Shekhar .......Petitioner
Versus
Chaudhary Sarwan Kumar ... Respondents
_______________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner:
For the Respondent:
r to
Mr. H.K.Paul and Mr. Ashok K. Sharma,
Advocates.
Mr. L.N.Sharma, Advocate.
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Sandeep Sharma, Judge(oral):
By way of instant petition, petitioner has prayed for
following main relief:-
"(i) That the applicant may be allowed to switch over
from CPF-cum- Gratuity Scheme to "GPF-cum-
Pension-cum-Gratuity" Scheme and allotted him
the GPF Account number on the analogy of Dr.
Kamal Dev Sharma (Prof) under the real spirit of
the decision of the Board of Management notified
vide notification dated 25.02.2002, the necessary
procedure for switching over, as has been done
in the year 2012 may kindly be ordered to be
adopted in the case of the applicant within time
bound period.
Whether the reporters of the local papers may be allowed to see the judgment?
(ii) That the respondent may kindly be directed to
produce the entire record pertaining to Dr. Kamal
Dev Sharma (Prof). for kind perusal of the
Hon'ble Tribunal.
.
(iii) That the amount of CPF portion of the
respondent lying with the respondent university
may kindly be adjusted for GPF Pension Scheme
with usual rate of interest.
2. Though, reply on behalf of the respondent is on record,
but before the case at hand could be heard and decided on its own
merits, learned counsel representing the petitioner while inviting
attention of this Court to judgment dated 2nd September, 2022,
passed by this Court in CWPOA No.6113 of 2020, titled Dr. Suresh
Chander Negi and others versus Chaudhary Sarwan Kumar
Himachal Pradesh Krishi Viswavidyalaya, Palampur, Himachal
Pradesh alongwith other connected matters, submits that the issue
raised in the instant petition stands duly answered in the aforesaid
judgment and as such, petitioner would be content and satisfied in
case the respondents are directed to consider and decide the case of
the petitioner in light of aforesaid judgment, in a time bond manner.
Learned counsel representing respondent- University is not averse to
aforesaid innocuous prayer made on behalf of the petitioner.
3. Having perused the averments contained in the petition
as well as relief prayed therein vis-à-vis judgment sought to be relied
upon, this Court finds that the issue raised in the instant petition
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already stands adjudicated by this Court in CWPOA No.613 of 2020
and as such, no prejudice, if any, would be caused to either of the
parties, if the respondent is directed to consider and decide the case
of the petitioner in light of judgment supra.
4. Consequently, in view of the above, the present petition
is disposed of with the direction to the respondent to consider and
decide the case of the petitioner in light of judgment dated 2nd
September, 2022 passed by this Court in Dr. Suresh Chander
Negi's case(supra), expeditiously, preferably within a period of six
weeks and in case, petitioner is found to be similarly situate to the
case of Dr. Suresh Chander Negi's, same benefit shall be granted to
him. Needless to say, authority concerned while doing the needful in
terms of instant order shall afford an opportunity of being heard to the
petitioner and pass detailed speaking order thereupon. Liberty is
reserved to the petitioner to file appropriate proceedings in
appropriate Court of law, if he still remains aggrieved. Pending
application(s), if any, also stands disposed of.
(Sandeep Sharma),
Judge
23rd December,2022
(shankar)
