High CourtsDivision Bench(2021) 03 SHI CK 0179

State Of H.P. & Ors vs Prem Singh And Others

High Court Of Himachal Pradesh · Decided on 23 March 2021

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Chander Bhusan Barowalia, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Petition (M) No. 365 Of 2020, RPST No. 20707 Of 20, COPC No. 99 Of 2020

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Judgment

13 paragraphs · 288 words

Tarlok Singh Chauhan, J

CMP(M) No. 365 of 2020

1.

Heard. For the reasons stated in the application, which are duly supported by an affidavit of the Executive Director (Pers.) of the respondent-Board, the same is allowed 2 and the delay of 14 days in filing of the review petition is condoned. The application stands disposed of.

Review petition No.

Be registered.

The issue raised in this petition has been rendered academic in view of the subsequent developments, whereby the respondents-Board has decided to release the salary of the petitioner and all similarly situated persons, upto the period, he/they has/have attained the age of 60 years or upto 4.11.2019, whichever is earlier.

2.

On specific instructions, Mr. Virender Singh Kanwar, the learned counsel states that his client, with his eyes wide open, has accepted the aforesaid proposal of the respondents-Board and consequently does not press for his extension for service or release of salary beyond 04.11.2019.

3.

In this view of the matter, judgment in question stands recalled and operative portion thereof shall now be read as under:

The petitioner shall be deemed to have retired from service on 04.11.2019 and his salary shall be released upto the said date. The salary, if not already released upto 04.11.2019, be released within three weeks from today.

4.

It is made clear that all the questions of law, as raised in this petition are left open and the judgment shall not be treated as a precedent in future.

5.

In view of the aforesaid terms, the instant petition has been rendered infructuous and is disposed of, as such, so also pending application(s), if any.

COPC No. 99 of 2020

In view of the aforesaid direction(s), the contempt petition is closed.