VIJENDER DUTT SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD counsel for the parties. Admit. As short question is involved, the appeal is taken up for final disposal forthwith, by consent.

(2.) THIS appeal takes exception to the judgment of the learned Single Judge, dated 15th July, 2013, passed in CWP No.7842 of 2011. This petition was heard alongwith CWP No.9124 of 2011. The decision in that writ petition has been set aside by us in a separate order passed in LPA No.4042 of 2013 today. In the present appeal, the grievance of the appellant is that the learned Single Judge has proceeded to analyze the case on the basis of Rules, as amended on 1st January, 1996, without adverting to the contention of the appellant that the said Rules will have no application to the appellant, who has taken voluntary retirement from service on 4.4.1994. In that case, the old (unamended) Rules will have application and that aspect has been overlooked by the State Government. This crucial issue has not been discussed in the impugned judgment. As a result, without expressing any opinion on the correctness of the claim of the appellant, we allow this appeal and quash and set aside the impugned decision. Instead, the Writ Petition No.7842 of 2011 is restored to the file to its original number, to be proceeded before the learned Single Judge, to be decided on its own merits in accordance with law.