The High Court of Himachal Pradesh dismissed the State's appeal against a writ order directing payment of military service benefits. The Court held the appeal was barred by res judicata due to recent Supreme Court precedents on identical issues.
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.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP(M) No. 564 of 2024 in LPA No. 442 of 2024
Date of decision: 09.12.2024.
State of H.P. & another
...Appellants.
Versus
Sanjay Kumar. ...Respondent.
Coram:
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice.
The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1 No For the appellants : Mr. Gobind Korla, Addl. A.G. For the respondent : Mr. Manish Dhatwalia, Advocate.
Tarlok Singh Chauhan, Acting Chief Justice (oral):
CMP(M) No. 564 of 2024
For the reasons stated in the application, which is duly supported by an affidavit of Director, SCs, OBCs, Minorities and the Specially Abled H.P., we deem it appropriate to condone the delay of 95 days’ that has crept-up in filing the appeal. Ordered accordingly. Application stands disposed of.
1 Whether reporters of Local Papers may be allowed to see the judgment?
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Neutral Citation No. ( 2024:HHC:13759 )
LPA No. 442 of 2024
The Writ Court has allowed the writ petition,
filed by the respondent, by directing the appellants herein to grant the benefit of approved military service towards fixation of pay in favour of the respondent from the date of his joining the civil employment, vide judgment dated 01.12.2023, passed in CWP No. 6709 of 2022 and aggrieved thereby, the State has filed the instant appeal.
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Neutral Citation No. ( 2024:HHC:13759 ) State was dismissed by the Hon’ble Supreme Court vide its judgment dated 25.8.2017.
Board Ltd., CWP No. 4654 of 2013 , decided on 26.11.2014 and the judgment was assailed by the State.
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Neutral Citation No. ( 2024:HHC:13759 ) the said decision in all the writ petitions and has only filed the appeal in the instant case and CMP(M) No.564 of 2024.
Thus, this appeal is barred by the principles of res-judicata.
(Tarlok Singh Chauhan) Acting Chief Justice
(Satyen Vaidya) 9th December, 2024 Judge (sushma)
1 issue framed by the court
Whether the instant appeal is maintainable in view of the principles of res judicata vis-a-vis the dismissed SLP in Babu Ram vs. State of H.P. & others?
State of H.P.
Sanjay Kumar
Tarlok Singh Chauhan
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
