Supreme Court - Daily Orders
S. K. Sharma vs The State Of Haryana on 5 August, 2021
Bench: Sanjay Kishan Kaul, Hrishikesh Roy
IN THE SUPREME COURT OF INDIA
CIVIL/ORIGINAL APPELLATE JURISDICTION
Civil Appeal Nos.3409-3410/2020
S. K. SHARMA & ORS. Appellant(s)
VERSUS
THE STATE OF HARYANA & ORS. Respondent(s)
WITH
Writ Petition (C) No.780/2020
O R D E R
W.P.(C) No.780/2020 Learned senior counsel for the petitioners on instructions states that he seeks to withdraw the petition in view of the order passed in C.A.Nos.3409-3410 of 2020 with liberty to challenge the same before the High Court.
We, accordingly, dismiss the writ petition as withdrawn with liberty to avail of such remedy as may be available to the petitioners.
Civil Appeal Nos.3409-3410/2020 On hearing learned counsel for parties, we find it very difficult to sustain the impugned judgments both for reasons of it being so cryptic that it is difficult to decipher the rationale as it Signature Not Verified is practically quoting another judgment. More importantly Digitally signed by RASHI GUPTA Date: 2021.08.07 subsequent events have over taken as the State of Haryana in its 13:32:18 IST Reason:
wisdom has made certain policy changes resulting in amendment to 1 the Act. That is a matter of legislative domain but of course subject to any challenge which can be raised to such exercise of legislative action.
The result of the aforesaid is that we set aside the impugned judgment but the original lis which gave rise to the petition before the High Court really not surviving, there is no necessity to remit the matter for reconsideration or record our reasons for the same. We have already given liberty to the petitioners to take recourse to such remedy as may be available in law in respect of the amendments which have been made to the Act.
The impugned judgment having been set aside, we may notice by interim orders we have prevented any consequences arising to the retirees. We feel it will be extremely unfair for the retiree persons to be asked to either be reduced in rank or their pensions reduced. Thus, exercising our power under Article 142 of the Constitution of India, we restrain any such action by the State Government.
The civil appeals stands allowed in the aforesaid terms.
……………………………………………J. [SANJAY KISHAN KAUL] …………………………………………………J. [HRISHIKESH ROY] NEW DELHI;
05th August, 2021.
2 ITEM NO.102 Court 7 (Video Conferencing) SECTION IV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal Nos.3409-3410/2020 S. K. SHARMA & ORS. Appellant(s) VERSUS THE STATE OF HARYANA & ORS. Respondent(s) (IA No. 102538/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 160555/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH W.P.(C) No. 780/2020 (X) (IA No.71286/2020-STAY APPLICATION) Date : 05-08-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HRISHIKESH ROY For Appellant(s) Mr. P.S. Patwalia, Sr. Adv.
Ms. Praveena Gautam, AOR Mr. Pawan Shukla, Adv.
Mr. Raja Ram, Adv.
Mr. Aman Sharma, Adv.
For Respondent(s) Mr. Vishwa Pal Singh, AOR Mr. Pallav Shishodia, Sr. Adv. Mr. Rakesh Mishra, AOR Mr. Sandeep Kumar Dwivedi, Adv. Mr. Ramesh Vashist, Adv.
Mr. Kabul Singh, Adv.
Mr. Amit Upreti, Adv.
Mr. Pradeep Kumar Dwivedi, Adv. Mr. Aditya Kumar, Adv.
Dr. Vinod Kumar Tewari, AOR 3 UPON hearing the counsel the Court made the following O R D E R W.P.(C) No. 780/2020 Writ petition is dismissed as withdrawn in terms of the signed order.
Civil Appeal Nos.3409-3410/2020 Civil appeals are allowed in terms of the signed order. Pending applications stand disposed of.
(RASHMI DHYANI) (POONAM VAID)
COURT MASTER COURT MASTER
(Signed order is placed on the file) 4