Smt. Veena Dhawan vs Union Of India
2022 Latest Caselaw 2623 HP

          IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                           ON THE 5TH DAY OF MAY 2022

                                        BEFORE

         HON'BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE




                                                                        .

                                            &

                   HON'BLE MR. JUSTICE SANDEEP SHARMA





                     CIVIL WRIT PETITION NO. 7457 OF 2021

    Between:-

    SMT. VEENA DHAWAN,





    W/O SH. SURINDER DHAWAN, R/O A-8, ROYAL OAK,
    APARTMENTS NEAR STATE BJP OFFICE,
    UPPER CHAKKAR, SHIMLA, HP
                                                                         PETITIONER
    (BY MR. VAIBHAV TANWAR, ADVOCATE)

    AND

    1.     UNION OF INDIA
           THROUGH SECRETARY,
           MINISTRY OF DEFENCE, SOUTH BLOCK,
           NEW DELHI



    2.   CANTONMENT BOARD (JUTOGH)
         SHIMLA THROUGH CHIEF EXECUTIVE OFFICER
                                                 RESPONDENTS




    (BY MR. BALRAM SHARMA,
    ASSISTANT SOLICITOR GENERAL OF INDIA)





    ___________________________________________________________
                   This petition coming for orders this day, Hon'ble Mr. Justice Sandeep
    Sharma, passed the following:





                                       ORDER

By way of present petition, the petitioner has prayed for the

following main reliefs:

1. A writ of certiorari may kindly be issued to quash and set-

aside office order dated 26.07.2006 issued by respondent No.2.

2. A writ of mandamus may kindly be issued directing the respondents to release the amount of leave encashment of 95 days earned leave along with interest at the rate of 9% per annum to the petitioner which has been wrongly and illegally deducted by respondent No.2.

.

2. Reply to the writ petition stands filed on behalf of the respondents,

wherein reliefs as prayed for on behalf of the petitioner have been

disputed /contested on the ground of delay. It has been averred in the

reply that the petitioner has laid challenge to the action of the

respondents, which pertains to year 2006, after an inordinate delay of 18

years and as such, present petition deserves to be dismissed on the

ground of delay and laches.

3.

However, before the case at hand could be heard and decided on

its ownmerits, learned counsel for the petitioner states that since the case

of similarly situate person, praying therein for similar reliefs, as have been

made in this petition, stands already adjudicated by learned Single Judge

of this Court vide judgment dated 3.12.2019 passed in CWP No. 2858 of

2008 titled Satya Panwar v. Union of India and another, his client would

be content and satisfied in case a direction is issued to the respondents to

consider and decide the case of the petitioner in light of judgment (supra),

in a time bound manner.

4. Consequently, in view of above, without commenting upon the

merits of the case of the petitioner, present petition is disposed of with a

direction to respondent No.2 to consider and decide the case of the

petitioner in light of the judgment (supra), expeditiously, preferably within

a period of four weeks from today. Needless to say, the authority

concerned, while doing the needful in terms of this order, shall afford

opportunity of hearing to the petitioner and pass a speaking order

thereafter. Petitioner shall be at liberty to file appropriate proceedings

before appropriate court of law, in case he still remains aggrieved.

.

5. The petition stands disposed of in the afore terms, alongwith all

pending applications.

(Mohammad Rafiq) Chief Justice

(Sandeep Sharma)

Judge May 5, 2022 (Vikrant)