SHRI NIWAS 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.

(2.) THIS appeal takes exception to the judgment of the learned Single Judge, dated 15th July, 2013, passed in CWP No.9124 of 2011. The said writ petition was heard alongwith another CWP No.7842 of 2011. The grievance of the appellant is that the facts relevant to the petition filed by the appellant have not been adverted to by the learned Single Judge and for which reason, the decision rendered in CWP No.7842 of 2011 will have no application to the present case. In the present case, the appellant attained the age of superannuation on 30th November, 1995, whereas the Pension Rules were amended on 1st January, 1996. The grievance of the appellant is that the State Government considered the claim of the appellant on the basis of the amended Rules, which is the manifest error committed by the Authorities. This grievance has not been adverted to in the impugned judgment at all nor the factual position has been adverted to while disposing of the writ petition filed by the appellant.

(3.) ACCORDINGLY , the impugned judgment is quashed and set aside in CWP No.9124 of 2011 and instead, the said writ petition is restored to the file to be proceeded before the learned Single Judge afresh on its own merits in accordance with law.