Petitioners challenged compulsory retirement orders in two writ petitions. The High Court held the petitions infructuous as the退休金-recalling committee reinstated them, reserving the right to seek separate relief for arrears of salary.
Writ petitions dismissed as having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (S) NO. 2727 OF 2018
Vipin Kishore Kujur, S/o Late Shri Piyush Kujur, aged about 51 years, R/o near Sundari House, Bharrikhar, Bhatgaon, Police Station Purani Basti, Raipur, Tahsil & District Raipur (CG)
… Petitioner
versus
… Respondents
WRIT PETITION (S) NO. 3487 OF 2018
Dhaal Singh Hirwani, S/o Late Shri J.R. Hirwani, aged about 55 years, R/o Village- Purur, Post- Chitod, Police Station- Gurur, Tahsil- Gurur, DistrictBalod (CG)
… Petitioner
versus
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… Respondents
Hon'ble Shri Justice P. Sam Koshy
Order on Board
24/10/2018
1. These are two writ petitions where the State counsel makes a submission that the order of compulsory retirement passed by the State Government was reconsidered by the High Level Committee constituted by the State Government and they have found the order of compulsory retirement to be bad in law and have recalled the same and ordered for reinstatement of the petitioners herein.
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2. However, counsel appearing for the petitioners submits that they have grievance so far as the subsequent order to the extent of non-granting of the benefit of salary and other allowances during the intervening period they were out of employment is concerned.
3. Since the said claim of salary is a subsequent development which has arisen as a separate cause of action and a separate order passed by the respondents, this Court is of the opinion that the petitioners herein would have to agitate the same by a separate set of writ petitions.
4. Thus, these writ petitions on the aforesaid submission of there being an order in favour of the petitioners by the High Powered Committee of reinstatement and the order of compulsory retirement having been recalled, these two writ petitions have become infructuous, reserving the right of the petitioners to challenge the subsequent order so far as it is detrimental to these petitioners.
5. Accordingly, these two writ petitions stand dismissed as having become infructuous with the aforesaid liberty.
Sd/- (P. Sam Koshy)
/sharad/ Judge
2 issues framed by the court
Whether the present writ petitions are maintainable after the High Level Committee recalled the orders of compulsory retirement and reinstated the petitioners.
Whether the claim for arrears of salary constitutes a bar in the instant writ petitions or requires a separate cause of action.
Vipin Kishore Kujur
Dhaal Singh Hirwani
State Of Chhattisgarh Through Its Secretary, General Administration Department
Director General Of Police
Superintendent Of Police, Raigarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
