Himachal Pradesh High Court
Ravinder Kumar vs Chaudhary Sarwan Kumar Himachal ... on 28 April, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 2373 of 2023 Decided on: 28.04.2023 .
Ravinder Kumar ...Petitioner
Versus
Chaudhary Sarwan Kumar Himachal Pradesh Krishi
Vishvavidyalay, Palampur & Anr.
...Respondents
Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice. Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting? 1 No For the Petitioner : Mr. Arun Rana, Advocate. For the Respondent: Mr. Naresh K. Sharma, Advocate.
Tarlok Singh Chauhan, A.C.J. (Oral) Notice. Mr. Naresh K. Sharma, Advocate, appears and waives service of notice on behalf of the respondents.
2. The instant petition has been filed for the grant of following substantive relief:-
i) That the petitioner may be allowed to switch over from 'CPF-cum-Gratuity Scheme' to "GPF-cum-Pension-cum-
Gratuity Scheme" & allot him the GPF Account Number on the analogy of Dr. Kamal Dev Sharma under the real spirit of the decision of the Board of Management notified vide notification dated 25.07.2002, the necessary procedure for Switching over, as has been done in the year 2012, may kindly be ordered to be adopted in the case of the petitioner with a time bound period manner with all consequential benefits.
3. The learned counsel for the petitioner states that the issue in question is no longer res integra and the same is 1 Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 28/04/2023 20:46:46 :::CIS 2 squarely covered by the judgment rendered by the learned Single Judge in batch of petitions lead case being CWPOA No.6113 of 2020, titled as Dr. Suresh Chander Negi & Ors.
.
vs. Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishwavidyalaya, Palampur, decided on 02.09.2022, which judgment, in turn, has now been affirmed by the learned Division Bench in LPA No. 46 of 2023 alongwith connected matters, lead case being LPA No. 46 of 2023, titled as Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishwavidyalaya, Palampur vs. Vipan Kumar Gupta, decided on 17.04.2023 (Annexure P-7).
4. In this view of the matter, we deem it appropriate to dispose of this petition by directing the respondents to consider and decide the case of the petitioner in light of the aforesaid judgments and, in case, the case of the petitioner is found to be covered, then, same and similar benefit, be extended to the petitioner. The entire exercise be completed within eight weeks.
5. The petition stands disposed of in the aforesaid terms, so also pending applications, if any.
(Tarlok Singh Chauhan) Acting Chief Justice (Virender Singh) th 28 April, 2023 Judge (sanjeev) ::: Downloaded on - 28/04/2023 20:46:46 :::CIS