Decided On : 17.09.2024 vs Union Of India And Others
2024 Latest Caselaw 13979 HP

Himachal Pradesh High Court

Decided On : 17.09.2024 vs Union Of India And Others on 17 September, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                                                                    2024:HHC:8681


             IN THE HIGH COURT OF HIMACHAL PRADESH AT
                                                            SHIMLA
                                                                                   CWP No. 7545 of 2024
                                                                                  Decided on : 17.09.2024




                                                                                              .
    Ex. Hav. Surender Kumar (Retd.)





                                                                                                    ...Petitioner
                                                              Versus





    Union of India and others.
                                                                                              ...Respondents
    Coram

    Hon'ble Mr. Justice Ajay Mohan Goel, Judge
    Whether approved for reporting?1
    For the petitioner

                                                   :
                                                       to     Mr. Surya Chauhan, Advocate.

    For the respondents :                                     Mr. Balram Sharma, Deputy
                                                              Solicitor General of India.
    Ajay Mohan Goel, Judge (Oral)

By way of this writ petition, the petitioner has, inter

alia, prayed for the following relief:s-

i) A writ of certiorari may very kindly be issued

thereby quashing Annexure P-6.

ii) That a writ of mandamus directing the

respondents No.1 to 4 to allow the petitioner to continue

as a chowkidar at ECHS Polyclinic, Typed 'D' at Dehra

Gopipur, District Kangra, H.P, till he attains the age of

1Whether reporters of the local papers may be allowed to see the judgment?

2024:HHC:8681 superannuation or is replaced by a regular incumbent".

2. When the matter was taken up for consideration

today, the Court stands informed that the Hon'ble Division

.

Bench of this Court in a similar case has been pleased to pass

the following order:-

"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.

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.

Pending miscellaneous application(s), if any, also stand

disposed of."

3. Learned Counsel for the parties submits that this

writ petition can also be disposed of by passing the same order.

4. Accordingly, as agreed, this petition is 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 petition shall

abide by the decision of Hon'ble Supreme Court in SLP (C)

2024:HHC:8681

No.36359 of 2016. The petitioner if 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 he superannuate as per the

Policy, whichever is earlier. The parties shall be at liberty to

approach this Court in case any clarification or modification of

this order is required. Pending miscellaneous application(s), if

any, also stand disposed of accordingly.

(Ajay Mohan Goel) Judge

September 17, 2024 (Shivank Thakur)