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2024 Supreme(SC) 565

J. B. PARDIWALA, MANOJ MISRA
Army Welfare Education Society New Delhi – Appellant
Versus
Sunil Kumar Sharma – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Naresh Kaushik, Sr. Adv. Mr. Vardhman Kaushik, AOR Mr. Manoj Joshi, Adv. Mr. Anand Singh, Adv. Mr. Shubham Dwivedi, Adv. Mr. Dhruv Joshi, Adv. Ms. Shikha John, Adv. Mr. Abhinav Agrawal, AOR Mr. Kartik Sharma, Adv.
For the Respondent(s): Mr. Navin Pahwa, Sr. Adv. Mr. Vinay P Tripathi, Adv. Mr. B. Shravanth Shanker, AOR Mr. Rahul Jajoo, Adv. Ms. Prerna Robin, Adv. Mr. B Yeshwanth Raj, Adv. Ms. Manju Jetley, AOR Ms. Neelam Sharma, AOR

JUDGMENT :

J.B. Pardiwala, J.

For the convenience of exposition, this judgment is divided into the following parts:

INDEX

A.

FACTUAL MATRIX

B.

ISSUES FOR DETERMINATION

C.

SUBMISSIONS ON BEHALF OF THE APPELLANT

D.

SUBMISSIONS ON BEHALF OF THE RESPONDENTS

E.

JUDGMENT PASSED BY THE LEARNED SINGLE JUDGE

F.

APPEAL COURT JUDGMENT

G.

ANALYSIS

i.

Position of Law

ii.

Doctrine of Legitimate Expectation

H.

CONCLUSION

1. Leave granted.

2. Since the issues raised in both the captioned appeals are the same and the challenge is also to the self-same judgment and order passed by the High Court of Uttarakhand, those were taken up for hearing analogously and are being disposed of by this common judgment and order.

A. FACTUAL MATRIX

3. These appeals arise from the common judgment and order passed by the High Court of Uttarakhand at Nainital dated 02.11.2018 in Special Appeal No. 523 of 2014, Special Appeal No. 524 of 2014, Special Appeal No.128 of 2015, Writ Petition No. 439 of 2015 and Writ Petition No. 776 of 2015 resply by which the High Court dismissed the appeals filed by the appellants herein and thereby affirmed the judgment and

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