Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:18146 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.7647 of 2025
Date of Decision: 5.6.2025 _____________________________________________________________________ Ajay Kumar .…...Petitioner Versus UOI and ors.
.....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?
For the Petitioner: Dr. Lalit Kumar Sharma, Advocate.
For the respondents: Ms. Svaneel Jaswal, Senior Panel Counsel. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
With the consent of learned Counsel for the parties, the writ petition is being disposed of at this stage itself.
2.
Learned Counsel for the petitioner submits that Hon’ble Division Bench of this Court in Union of India and others vs. Manoj Kumar Sharma (CMPM No. 801 of 2020, decided on 9th of May, 2023), has been pleased to pass the following order:-
“It is not in dispute that the similar issue, as involved in the instant petition, is pending before the Hon’ble Supreme Court in SLP(C) No. 36359 of 2016.
2. In the given facts and circumstances, we dispose of this petition by directing that the instant petition shall abide by the decision of SLP(C) No. 36359 of 2016 pending before the Hon’ble Supreme Court.
3. The instant petition is disposed of in the aforesaid terms. Pending miscellaneous application(s), if any, also stand disposed of.”
( 2025:HHC:18146 - 2 -
3.
Accordingly, he has agreed that this writ petition be
disposed of in aforesaid terms.
4.
In view of the fact that the same issue, which stands raised in this petition, is pending adjudication before Hon’ble Supreme Court of India, it is directed that the parties herein shall abide by the decision of Hon’ble Supreme Court of India in the abovementioned matter and till the adjudication thereof, the petitioner shall continue to serve against the post in issue, i.e. as Driver (Polyclinic), Barsar, where he presently is serving on same terms and conditions. Pending miscellaneous application(s), if any, also stand
disposed of accordingly.
June 5, 2025
(Sandeep Sharma) mamta
Judge