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2025 DAILYLAW 13301 (PNJ)

STATE OF HARYANA AND OTHERS v. DAMYANTI

LPA/105/2025 · 2025-05-14

Meenakshi I Mehta, Sanjeev Prakash Sharma

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1. 240 (18 cases) LPA No.105 of 2025 (O&M) Date of Decision: 14.05.2025 State of Haryana and others …Appellants Versus Damyanti …Respondent 2. LPA No.447 of 2025 (O&M) State of Haryana and others ...Appellants Versus Smt. Nirmala ...Respondent 3. LPA No.487 of 2025(O&M) State of Haryana & others ...Appellants Versus Rajpal ...Respondent 4. LPA No.297 of 2025 (O&M) State of Haryana & others ...Appellants Versus Foolpati @ Phoolar ...Respondent 5. LPA No.517 of 2025 (O&M) State of Haryana and others ...Appellants Versus Azad Singh and others ...Respondents SEEMA SHARMA 2025.05.21 10:36 I attest to the accuracy and authenticity of this order/judgment LPA No.105 of 2025 and other connected cases -2- 6. LPA No.678 of 2025 (O&M) State of Haryana and others ...Appellants Versus Pawan Kumar and another ...Respondent 7. LPA No.690 of 2025 (O&M) State of Haryana and others ...Appellants Versus Sajjan Singh and another ...Respondent 8. LPA No.666 of 2025 (O&M) State of Haryana and others ...Appellants Versus Raja Ram ...Respondent 9. LPA No.605 of 2025 (O&M) State of Haryana and others ...Appellants Versus Harkesh ...Respondent 10. LPA No.588 of 2025 (O&M) The State of Haryana and others ...Appellants Versus Dharampal and others ...Respondents 11. LPA No.613 of 2025 (O&M) State of Haryana and others ...Appellants Versus Leela Devi and another ...Respondents SEEMA SHARMA 2025.05.21 10:36 I attest to the accuracy and authenticity of this order/judgment LPA No.105 of 2025 and other connected cases -3- 12. LPA No.614 of 2025 (O&M) State of Haryana and others ...Appellants Versus Anand Singh and others ...Respondents 13. LPA No.257 of 2025 (O&M) State of Haryana and others ...Appellants Versus Smt. Sona Devi and others ...Respondents 14. LPA No.269 of 2025 (O&M) State of Haryana and others ...Appellants Versus Jai Parkash ...Respondent 15. LPA No.325 of 2025 (O&M) State of Haryana and others ...Appellants Versus Laxmi Devi ...Respondent 16. LPA No.365 of 2025 (O&M) Bina ...Appellant Versus State of Haryana and others ...Respondents 17. LPA No.157 of 2025 (O&M) State of Haryana and others ...Appellants Versus Ramesh Kumar ...Respondent SEEMA SHARMA 2025.05.21 10:36 I attest to the accuracy and authenticity of this order/judgment LPA No.105 of 2025 and other connected cases -4- 18. LPA No.176 of 2025 (O&M) State of Haryana and others ...Appellants Versus Dharam Pal ...Respondent 19. LPA No.900 of 2025 (O&M) State of Haryana and others ...Appellants Versus Raghbir Singh ...Respondent 20 (241) LPA No.951 of 2025 (O&M) State of Haryana and others ...Appellants Versus Krishan ...Respondent 21. (242) LPA No.1123 of 2025 (O&M) State of Haryana and others ...Appellants Versus Sita ...Respondent 22. (244) LPA No.1324 of 2025 (O&M) State of Haryana and others ...Appellants Versus Ramesh Kumar ...Respondent 23. (245) LPA No.1325 of 2025 (O&M) State of Haryana and others ...Appellants Versus Nachhatar Singh ...Respondent SEEMA SHARMA 2025.05.21 10:36 I attest to the accuracy and authenticity of this order/judgment LPA No.105 of 2025 and other connected cases -5- 24. (246) LPA No.385 of 2025 (O&M) State of Haryana and others ...Appellants Versus Raj Kumar ...Respondent 25. (112-6 cases) LPA No.1003 of 2025 (O&M) State of Haryana and others ...Appellants Versus Ram Kumar ...Respondent 26. LPA No.1007 of 2025 (O&M) The State of Haryana and others ...Appellants Versus Partap and others ...Respondents 27. LPA No.1018 of 2025 (O&M) The State of Haryana and others ...Appellants Versus Pala Ram and another ...Respondents 28. LPA No.1048 of 2025 (O&M) State of Haryana and others ...Appellants Versus Raj Pal and others ...Respondents 29. LPA No.1053 of 2025 (O&M) State of Haryana and others ...Appellants Versus Naresh Kumar ...Respondent SEEMA SHARMA 2025.05.21 10:36 I attest to the accuracy and authenticity of this order/judgment LPA No.105 of 2025 and other connected cases -6- 30. LPA No.1063 of 2025 (O&M) State of Haryana and another ...Appellants Versus Gurmail Singh ...Respondent 31. (113) LPA No.1020 of 2025 (O&M) State of Haryana and others ...Appellants Versus Billo Devi ...Respondent 32. (115) LPA No.1103 of 2025 (O&M) State of Haryana and others ...Appellants Versus Sewa Ram ...Respondent 33. (116) LPA No.1107 of 2025 (O&M) State of Haryana and another ...Appellants Versus Nand Lal ...Respondent 34. (117) LPA No.1173 of 2025 (O&M) State of Haryana and others ...Appellants Versus Kamlesh and others ...Respondent 35. (118) LPA No.1198 of 2025 (O&M) State of Haryana and others ...Appellants Versus Subh Ram and another ...Respondents SEEMA SHARMA 2025.05.21 10:36 I attest to the accuracy and authenticity of this order/judgment LPA No.105 of 2025 and other connected cases -7- 36. (119) LPA No.1241 of 2025 (O&M) State of Haryana and others ...Appellants Versus Bijender Singh ...Respondent 37. (122) LPA No.1445 of 2025 (O&M) State of Haryana and others ...Appellants Versus Hans Raj and others ...Respondents CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present:- Mr. Sanjeev Kaushik, Addl. AG, Haryana for the appellants. None for the appellant (in LPA No.365 of 2025). * * * * SANJEEV PRAKASH SHARMA J.(Oral) 1. All these matters relate to the issue on two aspects, one is with regard to grant of the benefit of Old Pension Scheme to the writ-petitioners and the other is with regard to giving them the benefit of regularization Policy dated 01.10.2003 without considering whether they have worked for 240 days in each of the three years preceding the date of Policy. 2. Relying on the law, a Division Bench of this Court passed an order in LPA No.2356 of 2024 decided on 26.09.2024 titled as “State of Haryana and others vs. Sher Singh” holding the concerned writ-petitioners entitled for the benefit as claimed by them noticed above. 3. However, we have taken note of the fact that with regard to the same set of cases, certain SLPs were preferred before the Supreme Court one SEEMA SHARMA 2025.05.21 10:36 I attest to the accuracy and authenticity of this order/judgment LPA No.105 of 2025 and other connected cases -8- of them is Special Leave to Appeal (C) No.112/2025 tilted as “State of Haryana & Ors. vs. Sushil” and the other is having Diary No.56458/2024 whereas in the meantime, the Apex Court stayed the operation and effect of the judgment. We, therefore, are of the view that we should await the final judgment to be rendered by Hon’ble the Supreme Court in these cases and the present appeals, which many of them are highly belated, need not be kept pending before us. 4. Accordingly, we dispose of all these appeals with observations that whatever is the final verdict rendered by Hon’ble the Supreme Court in SLP No.112/2025 shall govern the fate to all the respondents herein. It is made clear that till disposal of the said SLP, no contempt proceedings would be initiated on account of non-implementation of the order of the learned Single Judge. At the same time, the claim of the writ-petitioners would also not be frustrated if the order is ultimately passed against the State by Hon’ble the Supreme Court. 5. All the pending misc. application(s) in each case also stand disposed of. (SANJEEV PRAKASH SHARMA) JUDGE May 14, 2025 (MEENAKSHI I. MEHTA) seema JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No SEEMA SHARMA 2025.05.21 10:36 I attest to the accuracy and authenticity of this order/judgment