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Himachal Pradesh High Court

Swaran Lata vs Chaudhary Sarwan Kumar Himachal ... on 5 July, 2023

Bench: Tarlok Singh Chauhan, Satyen Vaidya

        IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

                                           CWP No. 4341/2023
                                           Decided on: 5.7.2023

    Swaran Lata                                                              .....Petitioner

                                   Versus




                                                                              .

    Chaudhary Sarwan Kumar Himachal Pradesh
    Krishi Vishvavidyalay, Palampur & anr.                                  ....Respondents





    Coram:
    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    The Hon'ble Mr. Justice Satyen Vaidya, Judge.





    Whether approved for reporting?1No

    For the Petitioner:                    Mr. Tanuj Thakur, Advocate.
    For the Respondents:                   Mr. Naresh K. Sharma, Advocate.

    _____________________________________________________________________
                  Justice Tarlok Singh Chauhan, Judge (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:­ "That the respondents may kindly be directed to allow the petitioner to switch over from 'CPF-cum-Gratuity Scheme' to "GPF-cum-Pension-cum Gratuity Scheme" & allot the petitioner 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 (Annexure P-2), 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".

1 Whether reporters of the local papers may be allowed to see the judgment? Yes.

3 Learned counsel for the petitioner states that the issue in question is no longer res integra and the same is squarely covered by the judgment rendered by the learned Single Judge of this Court 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.

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 also within eight weeks. Ordered accordingly.

5 The petition stands disposed of in the aforesaid terms, so also pending applications, if any.

(Tarlok Singh Chauhan) Judge (Satyen Vaidya) 5.7.2023 Judge (pankaj) ::: Downloaded on - 05/07/2023 20:41:50 :::CIS