Ram Pal Yadav And Another vs State Of Haryana And Others
2024 Latest Caselaw 14288 P&H

Punjab-Haryana High Court

Ram Pal Yadav And Another vs State Of Haryana And Others on 9 August, 2024

Author: Jasgurpreet Singh Puri

Bench: Jasgurpreet Singh Puri

                                      Neutral Citation No:=2024:PHHC:103319



CWP-4118-2022 (O&M)           -1-


                          226
            IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


                                                    CWP-4118-2022 (O&M)
                                                    Date of decision: 09.08.2024

Ram Pal Yadav and another

                                                                  ...Petitioner(s)

                                    VERSUS

State of Haryana and others

                                                                ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI


Present:-   Mr. S.K. Nehra, Advocate, for the petitioners.

            Mr. Gaurav Jindal, Additional Advocate General, Haryana.

            Mr. Maninder Jit, Advocate for
            Mr. Amit Jaiswal, Advocate, for respondents No.2 and 3.

                  ****

JASGURPREET SINGH PURI, J. (Oral)

1. The present petition has been filed under Articles 226/227 of the

Constitution of India seeking issuance of a writ in the nature of certiorari for

quashing the impugned order dated 23.02.2022 (Annexure P-8).

2. At the outset, learned counsel for the petitioners has submitted that

both the petitioners were compulsory retired and they have already attained the

age of superannuation in the year 2022. He submitted that there was an interim

order passed vide order dated 03.03.2022 whereby the impunged order of

compulsory retirement was stayed and thereafter, the petitioners have attained

the age of superannuation. He referred to a Division Bench judgment of this

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Neutral Citation No:=2024:PHHC:103319

CWP-4118-2022 (O&M) -2-

Court in Sudarshan Kumar Sharma Versus State of Punjab and others, CWP

No.837 of 2005, decided on 21.02.2013 and stated that since the petitioners

have already attained the age of superannuation and the interim order was

continued, therefore, the present petition can be disposed of and a direction

may be issued to the respondents that the retiral benefits, if not paid, be paid to

the petitioners.

3. In view of the aforesaid facts and circumstances, since with the

efflux of time the petitioners have already attained the age of superannuation

and at the time when they have retired, the interim order passed by this Court

regarding the stay of the operation of the order of compulsory reitrement was in

operation, therefore, the present petition is disposed of. The prayer of the

petitioners with regard to consequential benefits is also covered by the aforesaid

Division Bench judgment of this Court. It is, therefore, directed that the retiral

benefits, if not paid, shall be paid to the petitioners.

09.08.2024                     (JASGURPREET SINGH PURI)
rakesh                                  JUDGE
             Whether speaking/reasoned :   Yes/No
             Whether reportable        :   Yes/No




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