Prajesh Patial Vs the Union of India and Others — Himachal Pradesh HC (2025) — LawSathi Research

Prajesh Patial Vs the Union of India and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of by consent: parties to abide by the decision of the Hon'ble Supreme Court in SLP(C) No. 36359 of 2016, and till such adjudication the petitioner to continue serving as Dental Officer (Polyclinic), Bilaspur on the same terms and conditions; pending miscellaneous application(s), if any, disposed of accordingly.

Issue for consideration

Since the issue raised in this petition is identical to the one pending adjudication before the Hon'ble Supreme Court in SLP(C) No. 36359 of 2016, should the parties be directed to abide by the Supreme Court's decision, with the petitioner continuing to serve as Dental Officer (Polyclinic), Bilaspur on existing terms in the interim?

Court's answer

The parties shall abide by the decision of the Hon'ble Supreme Court of India in SLP(C) No. 36359 of 2016; until that adjudication, the petitioner shall continue to serve against the post in issue, i.e. as Dental Officer (Polyclinic), Bilaspur, on the same terms and conditions, and pending miscellaneous applications, if any, stand disposed of accordingly.

Ratio / Principle

With the consent of learned counsel for the parties, the writ petition is disposed of at the threshold itself.

Detailed headnote1 paragraphs

Writ Petition (CWP No.5383 of 2024, High Court of Himachal Pradesh, Shimla, Sandeep Sharma, J., 20.03.2025) — Disposed of at the threshold with the consent of counsel. Relying on the Division Bench order in Union of India and others vs. Manoj Kumar Sharma (CMPM No. 801 of 2020, decided 9 May 2023), wherein an identical issue was made to abide by SLP(C) No. 36359 of 2016 pending before the Supreme Court, the Court directed that the parties herein shall abide by the decision of the Hon'ble Supreme Court of India in that matter, and that till such adjudication the petitioner shall continue to serve against the post in issue, i.e. as Dental Officer (Polyclinic), Bilaspur, on the same terms and conditions. Pending miscellaneous application(s), if any, stood disposed of accordingly.

2025:HHC:6791

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.5383 of 2024 Date of Decision: 20.03.2025

_____________________________________________________________________ Dr. Prajesh Patial ……...Petitioner Versus Union of India & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Dr. Lalit Kumar Sharma, Advocate.

For the respondents: Mr. Balram Sharma, DSGI, with Mr. Rajeev Sharma, Advocate.

Sandeep Sharma, J. (Oral)

With the consent of learned Counsel for the parties, the writ petition is being disposed of at this stage itself.

Learned Counsel for the petitioner submits that Hon’ble Division Bench of this Court in Union of India and others vs. Manoj

Kumar Sharma (CMPM No. 801 of 2020), decided on 9th of May, 2023, has been pleased to pass the following order:-

“It is not in dispute that the similar issue, as involved in the instant petition, is pending before the Hon’ble Supreme Court in SLP(C) No. 36359 of 2016.

2. In the given facts and circumstances, we dispose of this petition by directing that the instant petition shall abide by the decision of SLP(C) No. 36359 of 2016 pending before the Hon’ble Supreme Court.

2

3. The instant petition is disposed of in the aforesaid terms. Pending miscellaneous application(s), if any, also stand disposed of.”

Accordingly, he has agreed that this writ petition be disposed of in aforesaid terms.

In view of the fact that the same issue, which stands raised in this petition, is pending adjudication before Hon’ble Supreme Court of India, it is directed that the parties herein shall abide by the decision of Hon’ble Supreme Court of India in the above-mentioned matter and till the adjudication thereof, the petitioner shall continue to serve against the post in issue, i.e. as Dental Officer (Polyclinic), Bilaspur, where he presently is serving on same terms and conditions. Pending miscellaneous application(s), if any, also stand disposed of accordingly.

March 20, 2025 (sunil)

(Sandeep Sharma),

Judge