State of Haryana and Others Vs Dalpat Alias Lala — Punjab & Haryana HC (2025) — LawSathi Research

State of Haryana and Others Vs Dalpat Alias Lala — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the order in the lead case LPA No.105 of 2025 (State of Haryana and others Vs. Damyanti) applied mutatis mutandis; the final verdict of the Supreme Court in SLP No.112/2025 to govern the respondent's fate; no contempt proceedings for non-implementation of the learned Single Judge's order till disposal of that SLP; pending civil misc. applications also disposed of.

Issue for consideration

Whether the writ-petitioners are entitled to the benefit of the Old Pension Scheme and to regularization under the Policy dated 01.10.2003 without considering whether they worked 240 days in each of the three years preceding the date of the Policy. +1 more

Ratio / Principle

The present appeal stands disposed of, and the order passed in the lead case (LPA No.105 of 2025, State of Haryana and others Vs. Damyanti) shall apply mutatis mutandis to the instant case.

Key takeaways

Whatever is the final verdict rendered by Hon'ble the Supreme Court in SLP No.112/2025 shall govern the fate of all the respondents.ratio¶¶21
Till disposal of SLP No.112/2025, no contempt proceedings shall be initiated on account of non-implementation of the learned Single Judge's order, and the writ-petitioner's claim shall not be frustrated if the order is ultimately passed against the State by the Supreme Court.ratio¶¶21

Detailed headnote1 paragraphs

Old Pension Scheme / regularization Policy dated 01.10.2003 — State of Haryana's LPA against Single Judge order granting such benefits — appeal disposed of in terms of the Division Bench order in the lead case LPA No.105 of 2025 (State of Haryana and others Vs. Damyanti, decided 14.05.2025) applied mutatis mutandis — SLP(C) No.112/2025 (State of Haryana & Ors. vs. Sushil) and Diary No.56458/2024 pending before the Supreme Court with stay of the judgment — final verdict in SLP No.112/2025 to govern the fate of the respondents — no contempt proceedings for non-implementation of the Single Judge's order till disposal of the SLP — claim not to be frustrated if the Supreme Court rules against the State — pending civil misc. applications disposed of.

116

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

LPA No.1517 of 2025 (O&M)

Date of Decision: 19.05.2025

STATE OF HARYANA AND OTHERS …..Appellant(s)

Versus

DALPAT @ LALA .....Respondent(s)

CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present Mr. Vivek Chauhan, Addl. A.G, Haryana for the appellants.

SANJEEV PRAKASH SHARMA, J . (Oral)

The present appeal is an off-shoot of the cases relating to claim of regularization under the 2003 Policy.

In the bunch of appeals preferred by the State with lead case of LPA No.105 of 2025 titled as “ State of Haryana and others Vs. Damyanti ”, decided on 14.05.2025, we have passed the following order:-

“1. All these matters relate to the issue on two aspects, one is with regard to grant of the benefit of Old Pension Scheme to the writ-petitioners and the other is with regard to giving them the benefit of regularization Policy dated 01.10.2003 without considering whether they have worked for 240 days in each of the three years preceding the date of Policy.

2. Relying on the law, a Division Bench of this Court passed an order in LPA No.2356 of 2024 decided on 26.09.2024 titled as “State of Haryana and others vs. Sher Singh” holding the concerned writ-petitioners entitled for the benefit as claimed by them noticed above.

3. However, we have taken note of the fact that with regard to the same set of cases, certain SLPs were preferred before the Supreme Court one of them is Special Leave to Appeal (C)

Suresh Kumar 2025.05.29 09:50 I attest to the accuracy and integrity of this document

LPA No.1517 of 2025 (O&M)

Page 2 of 2

No.112/2025 tilted as “State of Haryana & Ors. vs. Sushil” and the other is having Diary No.56458/2024 whereas in the meantime, the Apex Court stayed the operation and effect of the judgment. We, therefore, are of the view that we should await the final judgment to be rendered by Hon’ble the Supreme Court in these cases and the present appeals, which many of them are highly belated, need not be kept pending before us.

4. Accordingly, we dispose of all these appeals with observations that whatever is the final verdict rendered by Hon’ble the Supreme Court in SLP No.112/2025 shall govern the fate to all the respondents herein. It is made clear that till disposal of the said SLP, no contempt proceedings would be initiated on account of nonimplementation of the order of the learned Single Judge. At the same time, the claim of the writ-petitioners would also not be frustrated if the order is ultimately passed against the State by Hon’ble the Supreme Court.

5. All the pending misc. application(s) in each case also stand disposed of. ”

In view of the above, the present appeal stands disposed of . The

order passed above shall apply mutatis mutandis to the instant case.

Pending civil misc. applications also stand disposed of.

(SANJEEV PRAKASH SHARMA) JUDGE

(MEENAKSHI I. MEHTA) May 19, 2025 JUDGE

Ess Kay

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

Suresh Kumar 2025.05.29 09:50 I attest to the accuracy and integrity of this document