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2025 DAILYLAW 2062 (JK)

UNION OF INDIA TH. SECRETARY MINISTRY OF DEFENCE GOVT. OF INDIA v. RAM LAL

RP/3/2025 · 2025-09-03

Sanjay Parihar, Sanjeev Kumar

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU RP No. 3/2025 in WP(C) No. 899/2024 UOI …..Appellant(s)/Petitioner(s) Through: Ms. Vishal Sharma, DSGI with Mr. Eishaan Dadhichi, CGSC vs Ram Lal .…. Respondent(s) Through: Mr. Gagan Basotra, Advocate with Mr. Mohinder Kumar, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 03.09.2025 1. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the relevant Recruitment Rules, to substantiate the stand which the applicant had taken, were not brought to the notice of this Court and, therefore, this Court had no opportunity to address the issue in its right perspective The only issue that needs determination is “whether the respondent who was appointed as Saddler in the year 1992 is governed by SRO 263 of 1980 or the SRO 130 of 1989?” 2. To determine this question, it further needs to be examined as to whether Remount Veterinary Corps is part of „industry‟ and its employees and the post of Saddler, which at the relevant time was available in the aforesaid Corps, belong to the industry or to the non-industry formation of the Army. Serial No. 03 2 RP No. 3/2025 in WP(C) No. 899/2024 3. All these issues could not addressed in the judgment sought to be received, as the relevant SROs were not brought to the notice of the Court. 4. These rules, as per the submissions made by Mr. Vishal Sharma, learned DSGI, could not be brought to the notice of this Court as the matter was very old and the rules were not readily available the respondent had raised the issue after more than two decades and, therefore, proper material could not be put up before the Court. 5. Be that as it may, we are of the considered opinion that there is an error, apparent on the face of record, which necessitates a fresh look on the matter and rehearing of the parties. The review petition is, accordingly, allowed. The judgment dated 12.12.2024 passed in WP (C) No. 899/2024 titled “Ram Lal vs. UOI and Ors.” is recalled. 6. With a view to elucidate its stand, Mr. Vishal Sharma, learned DSGI is permitted to file a short affidavit within a period of two weeks from today with a copy in advance to the learned counsel for the respondents. Response, if any, by the respondents shall also be filed before the next date of hearing. 7. List WP (C) No. 899/2024 for consideration on 07.10.2025. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge Jammu 03.09.2025 Manik 3 RP No. 3/2025 in WP(C) No. 899/2024