IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4 of 2017 Decided on: 19th August, 2025 ------------------------------------------------------------------------------------- Bir Pal Singh …..Petitioner Versus Union of India and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Surya Chauhan, Advocate. For the Respondents: Mr. Balram Sharma, DSGI with Mr. Rajeev Sharma, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Pursuant to an advertisement issued by the respondents, the petitioner, an Ex-serviceman, was appointed as Lab Assistant on 08.09.2011 at Station Headquarters Palchan. Petitioner continued to serve on contractual basis. On expiry of the contractual period, respondents issued fresh advertisement for filling up the same post again on contractual basis. Petitioner assailed the said decision of the respondents in Bir Pal Singh 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Versus Union of India and others2. The writ petition was allowed. Respondents were directed to execute fresh contract with the petitioner in consonance with Clause 2 of letter dated 24.05.2011. The decision in Bir Pal Singh2 was held to be not a good law and was overruled in Pawan Kumar Versus Union of India and another3. Subsequent thereto, the respondents terminated services of the petitioner on 14.12.2016 and issued a fresh advertisement for filling up the post of Laboratory Assistant vide Annexure P-14. Feeling aggrieved, the petitioner has preferred this writ petition. Vide order dated 09.01.2017 passed in this writ petition, parties were directed to maintain status quo existing as on date. 2. Learned counsel for the parties have jointly submitted that the petitioner has not been reinstated in service as his services had been terminated on 14.12.2016. 3. Learned Deputy Solicitor General of India has placed on record office instructions dated 14.08.2025 and on that basis submits that the post of Laboratory Assistant has been abolished in the concerned ECHS Centre w.e.f. 2 CWP No.4064 of 2015, decided on 01.01.2016 3 CWP No.9093/2014, decided alongwith connected matters by Larger Bench on 2.12.2016 3 28.12.2024. Parties have also jointly submitted that the issue as involved in this writ petition is also pending adjudication before the Hon’ble Apex Court in SLP (Civil) No.36359 of 2016. 4. Taking note of the facts of the case including the petitioner being out of service w.e.f. 14.12.2016 and the submission made during hearing of the case that the post against which the petitioner was initially appointed stands abolished w.e.f. 28.12.2024, this writ petition is disposed of with the order that the issue raised in this petition and the reliefs claimed by the petitioner shall abide by the decision to be rendered by the Hon’ble Apex Court in SLP (Civil) No.36359 of 2016. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua August 19, 2025 Judge Mukesh