High CourtsDivision Bench

Sarif Mohd vs Himachal Pradesh State Electricity Board Ltd. And Another

High Court Of Himachal Pradesh · Decided on 12 November 2020 · Citation: (2020) 11 SHI CK 0137

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 5221 Of 2020
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Judgment

7 paragraphs · 293 words

L. Narayana Swamy, CJ

1.

The present writ petition has been preferred mainly with the following prayer:-

"i) That the respondents may be ordered to release pension and other retiral benefits in favour of the petitioner in view of the law laid down in Sunder Singh's case, from the due date, with all the benefits incidental thereof."

2.

Mr. A.K. Gupta, learned counsel for the petitioner, submits that the case of the petitioners is squarely covered by the judgment dated 08.03.2018 delivered by Hon'ble the Supreme Court in Civil Appeal No.6309 of 2017, titled Sunder Singh versus The State of Himachal Pradesh & Ors., whereby the similar benefit has been extended to the petitioner.

3.

It is seen that the petitioner without making any representation to the respondents with regard to his claim has straight away approached this Court.

4.

In view of the prayer made in the present writ petition and above submissions made by learned counsel for the petitioner, we deem it proper to dispose of the present writ petition with a direction to the petitioner to make a detailed representation before the respondent-competent authority with regard to his claim, as claimed in the present writ petition, highlighting therein the aforesaid judgment dated 08.03.2018 (Annexure P-1) rendered by Hon'ble the Supreme Court, within a period of two weeks from today. On making such representation by the petitioner, the respondent-competent authority is directed to examine his claim whether similar benefit has been granted to the similar situated persons to that of the petitioner and take a conscious decision in the matter in light of the aforesaid judgment of Hon'ble the Supreme Court and in accordance with law, within one month thereafter.

5.

Pending miscellaneous application(s), if any, shall also stand disposed of.