Himachal Pradesh High Court
Minakshi Sharma & Another ....Review vs State Of H.P. & Others on 17 August, 2020
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Review PetitionT No.05 of 2020
Decided on: 17.08.2020
Minakshi Sharma & another ....Review petitioners.
Versus
State of H.P. & others ... Respondents.
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No
For the review
petitioners : Mr. Viswa Bhushan, Advocate.
For the respondents : Mr. Ajay Vaidya, Senior Additional
Additional Advocate General, with Mr.
Sumesh Raj, Mr. Dinesh Thakur,
Additional Advocate Generals, for the
respondents No.1 and 2State.
Mr. Angrez Kapoor, Advocate, for
respondent No.3.
Mr. Yogesh Chandel, Advocate, for
respondents No.4 to 8.
(Through Video Conferencing).
1
Whether reporters of the local papers may be allowed to see the judgment?
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2
.
Ajay Mohan Goel, Judge (Oral)
By way of this Review Petition, petitioners herein, who had moved an application for being impleaded as respondents in O.A. No.411 of 2019, titled as Hema Devi & others Versus State of H.P. & others, decided on 24.01.2019, have sought the review of the order passed by learned Tribunal, which original application was disposed of by the learned Tribunal on the statement made by learned Counsel for the original applicants that the case of the original applicants was squarely covered by the judgments as stand reflected in para 5 of the said order, as well as a statement made by learned Additional Advocate General that if it was so found, then the case of the original applicants shall be considered accordingly.
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2. The original application stood disposed of in the following terms: " 7. In view of the above, the original application is disposed of in terms of the aforementioned judgments/order with a direction to the respondents/competent authority(s) that subject to the above verification and on finding the applicants to be similarly situate as above, their respective cases for appointment to the post of Female Health Worker, Post Code 651, Advertisement No.332/2017, Annexure A4, shall be considered accordingly and their result declard alongwith other candidates as per law.
8. It shall be the responsibility of the applicants to produce certified copy of this order alongwith copies of the judgments/ order before the said authority forthwith, but not late than a week from today.
9. The original application stands disposed of in the above terms".
3. Learned Counsel for the review petitioners submits that by virtue of the order which has been passed by the learned Tribunal, the case of the original applicants therein stands allowed to the prejudice of the present petitioners without appreciating that the original applicants were not entitled for the reliefs as were claimed by them.
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4. Having heard at length learned Counsel for the parties and having gone through the order passed by the learned Tribunal in Original Application No.411 of 2019, as well as the grounds taken in this review petition, in my considered view, the apprehension which has been expressed by learned Counsel for the petitioners, is completely misconceived. This I say for the reason that the Original Application No.411 of 2019 was not allowed on merit by the learned Tribunal as is the apprehension of the present petitioners. The same simply stood disposed of by the learned Tribunal taking on record the respective statements made by learned Counsel for the original applicants as well as the State.
5. The order which has been passed by the learned Tribunal has also been quoted by me hereinabove. The same ::: Downloaded on - 19/08/2020 20:20:55 :::HCHP 5 .
by no stretch of imagination can be said to be an order on the merits of the case.
6. In this view of the matter, in my considered view, as there is no error apparent on the face of the record per se, as there was no adjudication on the merits of the case by the learned Tribunal, this review petition is closed. Pending miscellaneous applications, if any, also stand disposed of.
Interim order, if any, stands vacated.
(Ajay Mohan Goel) Judge August 17, 2020 (Rishi) ::: Downloaded on - 19/08/2020 20:20:55 :::HCHP