Divesh vs State Of Haryana And Another
2023 Latest Caselaw 21144 P&H

Punjab-Haryana High Court

Divesh vs State Of Haryana And Another on 5 December, 2023

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                                    Neutral Citation No:=2023:PHHC:154939




                                         Neutral Citation No.2023:PHHC:154939

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH
277
                                              CWP-15177-2022 (O&M)
                                              Decided on : 05.12.2023


Divesh                                                      ..Petitioner

                                 versus

State Of Haryana and another                                ..Respondents


CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI


PRESENT: Mr. Jangveer Singh, Advocate for
         Mr. R. Kartikeya, Advocate for the petitioner.

             Mr. Tapan Kumar Yadav, DAG, Haryana.

       ****
HARSIMRAN SINGH SETHI , J. (Oral)

1. In the present petition, the question of law raised is whether, an

application which has been filed prior to the amendment to the Haryana

Outstanding Sports Persons (Recruitment and Conditions of Service) Rules,

2018 as amended in the year 2021 will be governed by amended rules or by

unamended rules.

2. Learned counsel for the petitioner submits that the only question

of law raised in the present petitions is as to whether the policy which was

applicable on the date of submitting the application form by the petitioner to

claim benefit of appointment will be applicable or the subsequent amended

policy of the year 2021 will be applicable and the said question of law has

already been decided by this Court by passing order in CWP-19244-2019-

'Arvind and others v. State of Haryana and others', decided on 05.09.2023

and the question of law raised in the present petitions is also the same.

3. Learned State counsel on the other hand submits that the said

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question is already pending consideration before the Division Bench Court

in LPA No. 691 of 2022.

4. Keeping in view of the fact that a detailed order has already been

passed on the same issue as raised in the present petition, mere the pendecny

of the LPA in another case will not take away the right of the petitioner to

claim the benefit under the judgment of this Court in CWP-19244-2019

titled as 'Arvind and others v. State of Haryana and others'. .

5. Further, no LPA has been filed so far against the judgment

passed in Arvind's case (Supra), hence, the present petition is also allowed

in the same terms as in CWP-19244-2019 titled as 'Arvind and others v.

State of Haryana and others'.

6. The present petition stands disposed of in above terms.

7. Civil miscellaneous application pending, if any, is also disposed

of

(HARSIMRAN SINGH SETHI) JUDGE 05.12.2023 Riya

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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