YUDHISTER MUDGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) CM No.5959/2015

(2.) LEARNED counsel for the respondents states that the reason why the counter affidavit was not filed is that on finding that the facts stated in the writ petition are correct, nobody in the department was prepared to take a stand in writing in view of the fact that the writ petitioners claim that they are entitled to relief in view of two decisions of this Court. The first is dated December 07, 2009 in W.P.(C) No.5867/2013 T.S.Dagar Vs. UOI and Ors. The second is dated January 03, 2014 in W.P.(C) No.7840/2012 Tej Bir Singh Dagar and Ors. Vs. UOI and Ors. The second decision follows the law declared in the former.

(3.) THE only issue therefore which we need to decide is : whether on the admitted facts, the writ petitioners would be entitled to relief in view of the law declared by two Division Benches of this Court in the two decisions referred to in the previous paragraph.