State Of Haryana And Others v. Diwan Singh

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH LPA No.1549 of 2025 (O&M) Date of Decision: 21.05.2025 State of Haryana and others .....Appellants.

Versus

Diwan Singh .....Respondent.

CORAM:

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. Vivek Chauhan, Addl. A.G, Haryana for the appellants.

SANJEEV PRAKASH SHARMA, J.(Oral) 1.

The present appeal is an off-shoot of the cases relating to claim of regularization under the 2003 Policy. 2.

In the bunch of appeals preferred by the State with lead case of LPA No.105 of 2025 titled as "State of Haryana and others Vs. Damyanti", decided on 14.05.2025, we have passed the following order:- "1. All these matters relate to the issue on two aspects, one is with regard to grant of the benefit of Old Pension Scheme to the writ-petitioners and the other is with regard to giving them the benefit of regularization Policy dated 01.10.2003 without considering whether they have worked for 240 days in each of the three years preceding the date of Policy. 2.

Relying on the law, a Division Bench of this

LPA No.1549 of 2025 (O&M) -2Court passed an order in LPA No.2356 of 2024 decided on 26.09.2024 titled as "State of Haryana and others vs. Sher Singh" holding the concerned writ-petitioners entitled for the benefit as claimed by them noticed above.

3.

However, we have taken note of the fact that with regard to the same set of cases, certain SLPs were preferred before the Supreme Court one of them is Special Leave to Appeal (C) No.112/2025 tilted as "State of Haryana & Ors. vs. Sushil" and the other is having Diary No.56458/2024 whereas in the meantime, the Apex Court stayed the operation and effect of the judgment. We, therefore, are of the view that we should await the final judgment to be rendered by Hon'ble the Supreme Court in these cases and the present appeals, which many of them are highly belated, need not be kept pending before us.

4.

Accordingly, we dispose of all these appeals with observations that whatever is the final verdict rendered by Hon'ble the Supreme Court in SLP No.112/2025 shall govern the fate to all the respondents herein. It is made clear that till disposal of the said SLP, no contempt proceedings would be initiated on account of non-implementation of the order of the learned Single Judge. At the same time, the claim of the writ-petitioners would also not be frustrated if the order is ultimately passed against the State by Hon'ble the Supreme Court.

5.

All the pending misc. application(s) in each case also stand disposed of."

LPA No.1549 of 2025 (O&M) -33.

In view of the above, the present appeal stands disposed of. The order passed above shall apply mutatis mutandis to the instant case. 4.

Pending civil misc. applications also stand disposed of. (SANJEEV PRAKASH SHARMA) JUDGE (MEENAKSHI I. MEHTA) May 21, 2025 JUDGE Yag Dutt Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No