Liaq Ram vs State Of H.P. & Ors
2023 Latest Caselaw 515 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPOA No. 4648 of 2020 Date of Decision : 9.1.2023

.

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Liaq Ram ....Petitioner.

Versus State of H.P. & Ors. ....Respondents.

Coram THE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE THE HON'BLE MR. JUSTICE VIRENDER SINGH, JUDGE Whether approved for reporting?

________________________________________________________ For the petitioner: Mr. Shashi Shirshoo, Advocate. For the respondents: Mr. Anoop Rattan, Advocate General with Mr. J.S. Guleria, Deputy Advocate r General.

Tarlok Singh Chauhan (Oral)

The instant petition has been filed for the grant of

following substantive reliefs: -

"(i) That the Annexure-A/6 dated 11.6.2018 issued by the respondent No.3 may kindly be quashed and set aside which is totally in violation of the verdict dated 1.12.2010, Annexure A/4 passed by the Hon'ble High Court

as well as the notification dated 3.1.2012, Annexure-A/5 issued by the Department itself;

(ii) That the respondents be directed to release the last installment of arrear amounting to Rs. 1,29,578/- to the applicant along with interest @ 18% per annum which has been wrongly withheld by the respondents and are

sitting tight over the matter. The respondents under colourable exercise of powers, has withheld the last installment of arrear in violation of judgment dated 1.12.2020, Annexure-A/4."

2. According to the petitioner, the issue in question is

squarely covered by a judgment rendered by Division Bench of this

Court in case titled S.S. Chaudhary Vs. State of H.P. and another

with connected matter, 2022(2) Him L.R. (DB) 954 and by Hon'ble

Supreme Court in case titled, Thomas Daniel Vs. State of Kerala &

ors, JT 2002 (5) SC 31 and in Civil Appeal No. 5527 of 2022 decided

on 26.8.2022 in case titled M.P. Medical Officer Association Vs.

.

The State of Madhya Pradesh and others and connected matters.

This is a matter, which is required to be considered by the

employer/respondent.

3. Accordingly, without going into the merits of the case,

we deem it appropriate to dispose of the instant petition by directing

the respondents to consider and examine the case of the petitioner in

light of the aforesaid judgments and, in case, the claim of the

petitioner is found to be covered by the said judgments, then the

recovery as ordered to be effected, vide order dated 11.6.2018, shall

stand quashed and the said amount shall be refunded to the petitioner

within a period of four weeks from taking of the decision.

4. The petition stands disposed in the aforesaid terms, so

also pending miscellaneous applications, if any.

For compliance, to come up on 17.4.2023.

(Tarlok Singh Chauhan) Judge

(Virender Singh) Judge 9th January, 2023 (Guleria)