High CourtsDivision Bench(2011) 06 SHI CK 0074

Dr. Usha Chauhan vs H.P. University and Another

High Court Of Himachal Pradesh · Decided on 30 June 2011

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Sharma, J
CASE NUMBER
CWP No. 4988 of 2011

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Judgment

7 paragraphs · 239 words

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

(i) That the Respondents may be directed to implement, respect, obey and honour the judgment and decree of the ld. Civil Court dated 22.6.2010, Annexure P-1, relating to date of birth of the Petitioner and give effect in record.

(ii) That the office order dated 6.6.2011 Annexure P-3 issued by Respondent No. 2 may be declared as illegal, wrong and void and the Respondents may be restrained from retiring the Petitioner from service w.e.f. 30.6.2011.

(iii) That the Petitioner may be allowed to work on regular basis on actual date of birth i.e. 19.8.1954 as declared by the Ld. Civil Court.

2.

The learned Standing counsel for the University submits that the University has taken up the matter in appeal and the same is pending before the Fast Track Court, Shimla. It would only be appropriate that the Fast Track Court, Shimla dispose of the matter expeditiously. The first Respondent may produce a copy of this judgment before the Fast Track Court, Shimla. It is made clear that the Petitioner shall be permitted to continue in view of the decree already passed by the Civil Court, subject to the outcome of the appeal.

3.

The writ petition is disposed of, so also the pending applications, if any.

A copy of this order, duly authenticated by the Court Master, be supplied to the learned Counsel for the first Respondent.