AI Structured Summary
Not yet generated for this judgment
Judgment
Sandeep Sharma, J
By way of instant petition filed under Article 226 of the Constitution of India, petitioners have prayed for following reliefs:-
"To quash order dated 23-11-2016 Annexure -A/2 being arbitrary and illegal and against the law laid down by the Hon'ble HP High Court in CWP. 7167/2012; Sukru Ram vs. State of HP and direct the respondents to continue the applicant under purview of the GPF & CCS(Pension) Rules, 1972."
Learned counsel for the parties are ad-idem that case of the petitioner is squarely covered with judgment rendered by this Court in CWP No. 6167 of 2012, titled Sh. Sukru Ram vs. State of Himachal Pradesh and others decided on 6.3.2013 wherein it has been concluded that services rendered on work charge basis shall be counted for qualifying service for the purpose of pension.
At this stage, learned Counsel appearing for the petitioner, while placing on record copy of order dated 10.12.2018 passed by Hon'ble Apex Court in SLP(C) No. 32680/2018 titled The State of Himachal Pradesh & Ors vs. Sukru Ram & Anr, states that even the SLP preferred by the State against the judgment of this Court also stands dismissed, as such, judgment passed in Sukru Ram (supra) has attained finality.
Since the controversy at hand stands already set at rest by the Hon'ble Apex Court), this Court sees no reason to go into the same again, especially when all the facts and relief, as prayed for, in the instant petition are identical to that of aforesaid case.
Consequently, In view of the above, the directions contained in the aforesaid judgment are ordered to be made mutatis mutandis applicable in the present case for all intents and purposes. In the aforesaid terms, present petition is disposed of alongwith pending application(s), if any.
