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2016 DIGILAW 1052 (HP)

State of H. P. v. Bhagi Rath

2016-06-15

MANSOOR AHMAD MIR, SANDEEP SHARMA

body2016
JUDGMENT : Mansoor Ahmad Mir, J. This Letters Patent Appeal is directed against the judgment and order dated 6.3.2013 made by the learned Single Judge of this Court in CWP No. 5768 of 2012-G, titled Bhagi Rath versus State of H.P. and another, whereby the writ petition filed by the writ petitioner/respondent No.1 herein came to be granted, for short “the impugned judgment” on the grounds taken in the memo of appeal. 2. The learned Advocate General argued that the Writ Court has fallen in an error in granting the relief to the writ petitioner which is not only illegal but is novel in character and against the Rules, occupying the field. 3. The appellant has specifically pleaded in para 6 of the appeal how the impugned judgment is bad in law. 4. The learned counsel for respondent No. 1 was asked to show what is the foundation of the order vis-à-vis CCS (Pension) Rules, occupying the filed. He was not in a position to assist the Court but stated that the similarly situated persons have been granted the relief by this Court in CWP No. 4764 of 2013-G decided on 17th September, 2013 titled Amar Singh Maratha versus State of HP and others upheld by the apex Court while dismissing the SLP (C) No.18040/2014 on 17.11.2014 and the said judgment came to be implemented. He also made available the copy of the office order whereby the said judgment has been implemented. The copies of order made in SLP, judgment made by this Court and the office order, referred to supra are made part of the file. 5. In the given circumstances, we deem it proper to set aside the impugned judgment and direct the respondents to consider the case of the writ petitioner in the light of the judgment made by this Court in CWP No.4764 of 2013, upheld by the apex Court, referred to supra, and make decision within six weeks from today. Ordered accordingly. 6. Having said so, the impugned judgment is set aside and the LPA is allowed. The writ petition is disposed of, as indicated hereinabove, alongwith pending applications, if any.