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2015 Supreme(SC) 199

FAKKIR MOHAMED IBRAHIM KALIFULLA, A.M.SAPRE
Anil Joshi – Appellant
Versus
State of Himachal Pradesh – Respondent


Judgement Key Points

Based on the provided legal document, there is no indication or discussion of issues related to fraud. The judgment primarily addresses the applicability of promissory estoppel in the context of employment rights and the interpretation of letters and rules governing service conditions.

Regarding locus standi, the judgment explicitly mentions that the respondents who filed the writ petitions were not parties before the Tribunal or the High Court, and it considers whether they had the standing to challenge the orders. The court observes that the respondents' service rights are governed by statutory Rules and that no enforceable promise was made to them outside these Rules. The court also notes that some benefits were granted to the respondents during the pendency of the case, but it clarifies that its decision is confined to the specific issues decided by the Tribunal and the High Court.

In summary, the judgment does not raise any issues or concerns related to fraud, and the question of locus standi is addressed in the context of whether the respondents had any enforceable rights or standing to challenge the orders, which the court ultimately finds lacking given the statutory framework.


Judgment

Abhay Manohar Sapre, J.

1. Civil Appeal Nos. 6101, 6102, 6103 and 6104 of 2009 are filed by the State against the common judgment dated 15.06.2007 passed by the High Court of Himachal Pradesh at Shimla in Civil Writ Petition Nos. 586 of 1999, 66, 118 and 170 of 2000 wherein the High Court allowed the writ petitions filed by the State employees working in the Forest Department by setting aside the judgment/order dated 15.12.1999 passed by the Himachal Pradesh Administrative Tribunal, Shimla in O.A. Nos. 35 of 1989, 595, 609 and 620 of 1990.

2. So far as Civil Appeal Nos. 6097-6100 of 2009 are concerned, these appeals are filed by one set of employees after obtaining leave of this Court because they were not parties before the High Court or before the Tribunal. According to them, consequent upon the declaration given by the High Court in favour of the respondents in their absence, they felt aggrieved and hence filed these appeals.

3. In order to appreciate the issue involved in these appeals, which lie in a narrow compass, it is necessary to state the relevant facts infra.

4. The respondents herein are the State employees working in the Forest Department in Himachal Pradesh. T
























































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