Ajay Kumar Vs the UOI and Others — Himachal Pradesh HC (2025) — LawSathi Research

Ajay Kumar Vs the UOI and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of at the threshold itself with the consent of learned Counsel for the parties, in terms of the Division Bench order in Union of India and others vs. Manoj Kumar Sharma: parties to abide by the decision of the Hon’ble Supreme Court in SLP(C) No. 36359 of 2016; till such adjudication the petitioner to continue to serve as Driver (Polyclinic), Barsar on the same terms and conditions; pending miscellaneous application(s), if any, disposed of accordingly.

Issue for consideration

Whether the writ petition should be disposed of in terms of the order of the Hon’ble Division Bench of this Court in Union of India and others vs. Manoj Kumar Sharma, with the parties abiding by the decision of the Hon’ble Supreme Court in SLP(C) No. 36359 of 2016.

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 (referred to as the abovementioned matter).

Ratio / Principle

Till adjudication of the said matter, the petitioner shall continue to serve against the post in issue, i.e. as Driver (Polyclinic), Barsar, where he presently is serving, on the same terms and conditions.

Detailed headnote1 paragraphs

HIGH COURT OF HIMACHAL PRADESH, SHIMLA (Sandeep Sharma, J., oral) — CWP No.7647 of 2025, Ajay Kumar v. UOI and ors., decided 5.6.2025. With the consent of learned Counsel for the parties, the writ petition was disposed of at the stage itself in terms of the order of the 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 May 2023), wherein it was recorded that a similar issue was pending before the Hon’ble Supreme Court in SLP(C) No. 36359 of 2016. Directing that the parties shall abide by the decision of the Hon’ble Supreme Court in the said matter, the Court further directed that, till such adjudication, the petitioner shall continue to serve against the post in issue, i.e. as Driver (Polyclinic), Barsar, where he presently is serving, on the same terms and conditions. Pending miscellaneous application(s), if any, stand disposed of accordingly.

( 2025:HHC:18146

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7647 of 2025 Date of Decision: 5.6.2025

_____________________________________________________________________ Ajay Kumar .…...Petitioner Versus UOI and ors. .....Resp Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Dr. Lalit Kumar Sharma, Advocate. For the respondents: Ms. Svaneel Jaswal, Senior Panel Counsel. ___________________________________________________________________________ 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.

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.

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

( 2025:HHC:18146

2 -

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 abovementioned matter and till the adjudication thereof, the petitioner shall continue to serve against the post in issue, i.e. as Driver (Polyclinic), Barsar, where he presently is serving on same terms and conditions. Pending miscellaneous application(s), if any, also stand disposed of

accordingly.

June 5, 2025

mamta

(Sandeep Sharma)

Judge