Nisha Kumari Vs the UOI and Others — Himachal Pradesh HC (2025) — LawSathi Research

Nisha Kumari Vs the UOI and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with the direction that it shall abide by the decision of the Hon'ble Supreme Court in SLP(C) No.36359 of 2016; the petitioner, if engaged pursuant to the orders of this Court, retains the protection of those orders until adjudication by the Supreme Court or superannuation as per the Policy, whichever is earlier; parties free to seek clarification or modification; pending miscellaneous applications disposed of.

Issue for consideration

Whether the present writ petition, which raises a similar issue to the one pending in SLP(C) No.36359 of 2016 before the Hon'ble Supreme Court, should be disposed of on the same terms as the orders passed by the Division Bench in similar cases.

Ratio / Principle

As agreed, the petition is disposed of by directing that it shall abide by the decision of the Hon'ble Supreme Court in SLP(C) No.36359 of 2016, where the similar issue is pending adjudication.

Key takeaways

If the petitioner is engaged by virtue of the orders passed by this Court, she shall continue to get the protection of those orders till adjudication of the matter by the Hon'ble Supreme Court of India or till superannuation as per the Policy, whichever is earlier.ratio¶19
The parties shall be at liberty to approach this Court in case any clarification or modification of the order is required; pending miscellaneous applications also stand disposed of.ratio¶19

Detailed headnote1 paragraphs

Himachal Pradesh High Court (Sandeep Sharma, J.), CWP No.7697 of 2025 — Nisha Kumari v. Union of India & Ors. (decided 02.06.2025): Since a similar issue was already pending before the Hon'ble Supreme Court in SLP(C) No.36359 of 2016, and the Division Bench of this Court had disposed of similar cases by directing that those petitions abide by the decision in the said SLP, learned counsel for both sides agreed that this writ petition could be disposed of on the same terms. Accordingly, the petition was disposed of with a direction that it shall abide by the decision of the Hon'ble Supreme Court in SLP(C) No.36359 of 2016. Any petitioner engaged pursuant to the orders of this Court would continue to receive the protection of such orders until adjudication by the Supreme Court or superannuation as per the applicable Policy, whichever is earlier. Parties were left free to approach the Court for clarification or modification; pending miscellaneous applications were also disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7697 of 2025 Date of Decision: 02.06.2025

Nisha Kumari

……...Petitioner

Versus

Union of India & Ors.

…....Respondents

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?

For the Petitioner: Mr. Surya Chauhan, Advocate.

For the respondents: Mr. Balram Sharma, DSGI with Mr. Rajeev Sharma, Advocate, for respondents-Union of India.

Sandeep Sharma, J. (Oral)

When this case was taken up for consideration today, the Court was informed that Hon’ble Division Bench of this Court in similar cases has passed the following order:-

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

Learned counsel for the parties submit that this Writ petition can also be disposed of by passing the same order.

Accordingly, as agreed, this petition is disposed of by observing that in view of the fact that similar issue is pending adjudication before Hon’ble Supreme Court of India in SLP(C) No.36359 of 2016, it is directed that the present petition shall abide by the decision of Hon’ble Supreme Court in SLP(C) No.36359 of 2016. The petitioner if engaged by virtue of the orders passed by this Court, shall continue to get the protection of the orders, till the adjudication of the matter by Hon’ble Supreme Court of India or till he superannuates as per the Policy, whichever is earlier. The parties shall be at liberty to approach this Court in case any clarification or modification of this order is required. Pending miscellaneous applications, if any, also stand disposed of.

June 02, 2025

(sunil)

(Sandeep Sharma),

Judge