Himachal Pradesh High Court
CWP/8342/2021 on 30 December 2021
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30th DAY OF DECEMBER, 2021
BEFORE
HON’BLE MS. JUSTICE SABINA
&
HON’BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.8342 of 2021
Between:-
PROF. ARVIND KUMAR AGRAWAL
S/O SH. S.B.AGRAWAL,
R/O G-1, OK PLUS VENUS,
OPPOSITE AKSHAYA PATRA,
JAGATPURA, JAIPUR-302017.
.....PETITIONER
(BY MR. SANJEEV BHUSHAN,
SENIOR ADVOCATE WITH
MR. RAJESH KUMAR, ADVOCATE)
AND
1.
UNION OF INDIA, THROUGH
MINISTRY OF EDUCATION
(EARLIER HUMAN RESOURCE
DEVELOPMENT), GOVERNMENT
OF INDIA, NEW DELHI,
THROUGH ITS SECRETARY.
2.
CENTRAL UNIVERSITY OF
HIMACHAL PRADESH,
DHARAMSHALA, DISTRICT
KANGRA, H.P.,
THROUGH ITS REGISTRAR.
.....RESPONDENTS
(BY MR. BALRAM SHARMA,
ASSISTANT SOLICITOR
GENERAL OF INDIA)
This petition coming on for admission this day, Hon’ble Ms. Justice Sabina, passed the following:
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O R D E R
Petitioner has filed this petition under Article 226 of the Constitution of India, seeking following reliefs:- “i. That appropriate writ, order or direction may very kindly be issued directing the respondents to govern the petitioner under Old GPF-cum-Pension and Gratuity Scheme vide which he was governed in his parent department for the continuance pensionary benefits in accordance with CCS (Pension) Rules, 1972 by further directing the respondents to release all pensionary benefits to the petitioner by governing his case under Old Pension Scheme strictly as was done in the case of Dr. Inder Vir Malhan.
ii. That appropriate writ, order or direction may very kindly be issued directing the respondent No. 2 to grant financial disbursements towards the retiral benefit to the petitioner by governing his case under Old GPF-cum-Pension and Gratuity Scheme, in the interest of law and justice.”
2. Learned counsel for the petitioner has submitted that, at this stage, the petitioner would be satisfied in case a direction is issued to respondent No.2, to consider the case of the petitioner in a time bound manner and the writ petition be ordered to be taken as a representation.
3. Accordingly, without adverting to the merits of the case, this writ petition is disposed of with a direction to respondent No.2 to consider the writ petition filed by the petitioner as his representation and decide the same, in accordance with law, after affording opportunity of hearing to the petitioner, within a period of four weeks from today, by passing a speaking order. Pending application(s), if any, also stand disposed of.
(Sabina) Judge (Satyen Vaidya)
Judge December 30, 2021 (ps/vh)