Citation : 2026 Latest Caselaw 5076 P&H
Judgement Date : 22 May, 2026
CWP-16361-2026 1
113
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-16361-2026
Date of decision : 22.05.2026
Union of India and others ...Petitioner
Vs.
Ramesh Chand and others ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present: Ms. Bhavana Datta, Advocate
for the petitioners.
***
HARSIMRAN SINGH SETHI, J.(Oral)
1. Learned counsel for the petitioners submits that the benefit has
been granted by the Tribunal to the respondents based upon the judgment
passed in OA-3204-2011 titled as "Madhu Sudan and others Vs. Union of
India and others", which is incorrectly granted.
2. Learned counsel for the petitioners argued that the petitioners
never raised any grievance and therefore, now allowing the benefit of the
judgment in Madhu Sudan (supra) is incorrect.
3. We have heard the learned counsel for the petitioners and have
gone through the record with her able assistance.
4. As per settled principle of law, once the question of law has been
settled, the same should apply on all, rather than forcing every one to approach
the Court to claim the same. A bare reading of the order passed by Hon'ble
Central Administrative Tribunal would show that the benefit has been granted
authenticity of this order and
to the respondents being similarly situated as original applicant in Madhu
Sudan (supra). Once, the benefit claimed has been granted by the competent
Court of law to the similarly situated employees and has been upheld by the
Hon'ble Supreme Court of India, the same extends not only to the party of the
said proceedings but even to those who are similarly situated. As per the settled
principle of law settled by the Supreme Court of India in LT.Col.Suprita
Chandel Vs. Union of India and others, 2022. The relevant paragraph from
the judgment is reproduced hereunder:-
"14. It is a well settled principle of law that where a citizen aggrieved by an action of the government department has approached the Court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended the benefit without the need for them to go to Court."
5. In the present case, though the challenge has been raised, but on
being asked to point out any differentiating fact between the respondents herein
and the applicant in Madhu Sudan, learned counsel for the petitioners was
unable to point out any differentiating facts.
6. In the absence of any differentiating facts, the relief granted to the
respondents based upon the relief granted to the similarly situated employees in
case of Madhu Sudan (supra), cannot be treated as arbitrary and rather, the
Union of India should have granted the same relief to the respondents without
forcing the respondents to seek the remedy by approaching this Court.
7. No other argument raised.
8. Hence, keeping in view of the above, no ground is made out for
interference as the order passed by the authorities has not been able to prove
perverse either on facts or on law.
authenticity of this order and
9. The petition stands dismissed.
10. Pending civil miscellaneous application, if any, stands disposed of.
(HARSIMRAN SINGH SETHI) JUDGE
(DEEPAK MANCHANDA) JUDGE 22.05.2026 vanita Whether speaking/reasoned : Yes Whether Reportable : No
authenticity of this order and
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