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State of Haryana & Ors. Vs. Ram Niwas & Ors. [2009] INSC 336 (16 February 2009)


IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1756-1757 of 2009 (Arising out of SLP (C) Nos.18745-18746 of 2004) State of Haryana and Ors. ...Appellants VERSUS Ram Niwas & Ors. ...Respondents With C.A.No.1758/2009 @ SLP)No.7269/2005 ORDER 1. Delay condoned.

1.     2. Leave granted.

2.     In our view, these appeals are now concluded by the decision of this Court in the case of State of Punjab

3.     Following the aforesaid decision i.e. State of Punjab of this Court, the impugned order was passed by the High Court, in which the High Court had allowed the 1 petition of the respondent by making the following directions :- "However, keeping in view the order passed by the Supreme Court in Inter Singh case (supra) we direct that if within thirty days from today, the respondent opts to seek voluntary retirement from the post of sub Inspector, then his request be accepted and he be retired from that post. If he fails to give option, then the respondent shall be deemed to have been reverted to his parent cadre in District Gurgaon on the post of Head Constable. In that event, he will be entitled to retain the promoted post of sub Inspector and will have to stand in queue for being considered for promotion from the dates his juniors in the parent cadre were promoted and that too after undergoing the requisite course and passing the prescribed examinations."

5. In view of the aforesaid decision of this Court, which squarely covers the present appeals, we dismiss these appeals. There will be no order as to costs.

.........................J. [Tarun Chatterjee]


New Delhi;



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