Himachal Pradesh High Court
73 22 vs Ningam Siro And Others on 9 December, 2021
Bench: Sabina, Jyotsna Rewal Dua
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 9th DAY OF DECEMBER, 2021
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
LETTERS PATENT APPEAL No.81 of 2021
Between:-
SUMIT AZAD,
SON OF SHRI MOHAN LAL AZAD,
RESIDENT OF EXPERIMENTAL BLOCK,
BLOCK-IV, B-2, SECTOR-III, PARWANOO,
DISTRICT SOLAN, HIMACHAL PRADESH-
173 220, PRESENTLY WORKING AS
ASSISTANT ENGINEER, OFFICE OF
SUPERINTENDING ENGINEER,
PLANNING CIRCLE-I, HPSEB LIMITED,
SUNDERNAGAR, DISTRICT MANDI,
(HP). ...... APPELLANT
(BY MR. DILIP SHARMA, SENIOR ADVOCATE
WITH MR. MANISH SHARMA, ADVOCATE)
AND
1. ABHINAV SAKLANI,
S/O SH. OC SAKLANI, R/O VILLAGE KHACHALI,
SUB TEHSIL SANDHOL, DISTRICT MANDI,
H.P. PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF SUPERINTENDING ENGINEER,
GENERATION CIRCLE, HPSEBL, PALAMPUR,
DISTRICT KANGRA, H.P.
2. MUNISH KUMAR,
S/O SH. RANJEET SINGH, R/O VILLAGE SEHOTI,
P.O. & TEHSIL KHUNIDIAN, DISTRICT KANGRA,
H.P. 176030 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
THIROT CONSTRUCTION DIVISION-I,
HPSEBL, PANDOH, H.P.
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3. ASHISH SHARMA,
S/O SH. RAJINDER SHARMA, R/O VILLAGE KARHA,
P.O. KHARWAR, TEHSIL BHORANJ, DISTRICT
HAMRIPUR, H.P. PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
.
SUPERINTENDING ENGINEER (DESIGN),
ELECTRICAL SYSTEM, HPSEBL, HAMIRPUR, H.P.
4. ASHIT KASHYAP,
S/O SH. SAHIB SINGH, R/O VILLAGE TIPPER,
P.O. ODDI, TEHSIL KUJMARSAIN,
DISTRICT SHIMLA, H.P.171213 PRESENTLY
POSTED AS ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF DIRECTOR, DIRECTORATE OF ENERGY,
GOVT. OF H.P., SHIMLA, H.P.
5. DEEPAK DHIMAN,
S/O SH. MALKIAT DHIMAN, R/O WARD NO. 6,
MOHALLA ATTAR SINGH MANDI, NURPUR,
KANGRA, H.P. 176202 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF DIRECTOR, DIRECTORATE OF ENERGY,
GOVT. OF H.P., SHIMLA, H.P.
6.
RATAN JEET,
S/O SH. BHUPENDER SINGH, R/O VPO TANGLING
(41/2) SHONGTONG, TEHSIL KALPA,
DISTRICT KANGRA, H.P. 172107 PRESENTLY
POSTED AS ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF GENERAL MANAGER STKHEP,
(450 MW) HPPCL, RECKONG PEO, DISTRICT
KINNAUR, H.P.
7. MUNISH KUMAR,
S/O SH. SUBHASH CHAND KASHYAP,
R/O VILALGE, BHARANTA, P.O. SAHI THURAL,
TEHSIL PALAMPUR, DISTRICT KANGRA,
H.P. 176107 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF DIRECTOR (DESIGN), BHAKRA BEAS,
DESIGN DIRECTORATE BBMB, NAGAL TOWNSHIP
NANGAL, H.P.
8. ROHIT VERMA,
S/O SH. KAMAL KUMAR, R/O 70/3, MEHTAB COLONY,
PAONTA SAHIB, DISTRICT SIFTOUR,
H.P. 173025 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
GENERAL MANAGER, RENUKA JI DAM PROJECT,
HPPCL DADAHU, DISTRICT SIRMOUR, H.P.
9. BALRAM SHARMA,
S/O SH. RAM CHAND, R/O VILLAGE PAPLAH,
P.O. BHARARI, TEHSIL BHORANJ, DISTRICT
HAMIRPUR, H.P. 177024 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
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SUPERINTENDING ENGINEER, PLANNING
CIRCLE-I, HPSEB LTD. SUNDERNAGAR, DISTRICT
MANDI, H.P.
10. ADITYA KHARWAL,
S/O SH. KULDIP CHAND, R/O V.P.O. BHATTU
.
PALAM, TEHSIL PALAMPUR, DISTRICT
KANGRA, H.P. 176064 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
RESIDENT ENGINEER, BANER POWER HOUSE
DIVISION HPSEBL JIA, GOVT. OF H.P.,
SHIMLA, H.P.
11. SACHIN THAKUR,
S/O SH. RAM SINGH THAKUR,
R/O CEDAR VIEW, CHOTTA SHIMLA-171002
H.P.176202 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER,
CIVIL CONSTRUCTION SUB DIVISION NO. II
HIMACHAL PRADESH STATE ELECTRICITY
BOARD LTD. VIDYUT BHAWAN, SHIMLA 171004.
12. AVINASH THAKUR,
S/O SH. JOGINDER SINGH, R/O VILLAGE KOHAN,
P.O. SAJAO PIPLU, TEHSIL DHARAMPUR, DISTRICT
MANDI, H.P. 175025 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER, PLANNING CIRCLE
(CIVIL), HPSEB LTD., MANDI, DISTRICT MANDI,
H.P.
13. THAKUR DIGVIJAY SINGH,
S/O SH. RAJ SINGH, R/O V.P.O. MAPURA,
TEHSIL BADDI, DISTRICT SOLAN,
H.P. 173205 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF CHIEF EXECUTIVE OFFICER, BBNDA,
JHARMAJRI, TEHSIL BADDI, DISTRICT SOLAN,
H.P.
14. LAXMI KANT,
S/O SH. SATYA DEV SHARMA, R/O VILLAGE SHANERI,
P.O. SHINGLA, TEHSIL RAMPUR, DISTRICT
SHIMLA, H.P.-172001 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
CHIEF ENGINEER (PCA), HPSEBL, SHIMLA,
H.P.
15. YOGESHWAR SINGH NEGI,
S/O RAVINDER SINGH NEGI, R/O VILLAGE
KAMRU, TEHSIL SANGLA, DISTRICT KINNAUR,
H.P.172106 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
CHIEF ENGINEER (P&M), HIMACHAL PRADESH
STATE ELECTRICITY BOARD LTD.,
VIDYUT BHAWAN, SHIMLA, H.P.
16. ANKUSH KUMAR,
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S/O SHRI JAGDISH RAJ KOUNDAL, R/O V.P.O.
GURCHAL, TEHSIL NURPUR, DISTRICT KANGRA,
H.P. 176202, PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
CHIEF ENGINEER (PCA), HIMACHAL PRADESH
.
STATE ELECTRICITY BOARD LTD., VIDYUT
BHAWAN, SHIMLA, H.P.
17. RAVI KANT,
S/O SH. KHEM CHAND, R/O VILLAGE SYANH,
P.O. LOHARA, TEHSIL BALH, DISTRICT MANDI,
H.P. 175027, PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
SUPERINTENDING ENGINEER, PLANNING CIRCLE-1,
HPSEB LTD. SUNDER NAGAR, DISTRICT
MANDI, H.P.
18. ANKUSH SONI,
S/O SH. VIJAY KUMAR, R/O V.P.O. PAPROLA,
TEHSIL BAIJNATH, DISTRICT KANGRA,
HP 176115 PRESENTLY POSTED AS
ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
M.D. BVPCL JOGINDER NAGAR, DISTRICT
MANDI, H.P.
19. HIMACHAL PRADESH STATE ELECTRICITY
BOARD LIMITED THROUGH ITS
EXECUTIVE DIRECTOR (PERSONNEL),
VIDYUT BHAWAN, SHIMLA-171004. ......RESPONDENTS
(MR. SUNIL MOHAN GOEL, ADVOCATE
FOR R-1 to R-18.
MR.TARA SINGH CHAUHAN,
ADVOCATE, FOR R-19)
________________________________________________________
This Letters Patent Appeal coming on for orders this day,
Hon'ble Ms. Justice Sabina, delivered the following:
JUDGMENT
The appellant has filed the present Letters Patent Appeal, challenging the judgment dated 4.8.2021 passed by learned Single Judge, whereby review petition filed by the private respondents, was allowed.
::: Downloaded on - 31/01/2022 23:24:46 :::CIS 52. Mr. Dilip Sharma, learned Senior Counsel, assisted by Mr. Manish Sharma, learned counsel for the appellant, has submitted that the appellant is aggrieved by the finding given by the learned .
Single Judge in paragraph-7 of the judgment while allowing the review petition No.12 of 2021.
3. Mr. Sunil Mohan Goel, learned counsel for respondents No.1 to 18, has submitted that, although, the said respondents had been impleaded as respondents in the writ petition, but no effort was made to effect service upon them. Consequently, respondents No.1 to 18, were not afforded an opportunity of hearing at the time of passing of the judgment dated 17.12.2020 in CWPOA No.6523 of 2019. Due to this reason, respondents No.1 to 18, preferred review petition No.12 of 2021, seeking recalling of the judgment dated 17.12.2020.
4. Learned Single Judge, vide judgment dated 4.8.2021, while allowing the review petition, modified the judgment dated 17.12.2020, to the extent that respondent No.2 while doing needful in terms of the directions contained in judgment dated 17.12.2020, shall also take into consideration the observations made by Hon'ble Apex Court in para-39 of the judgment rendered in K. Meghachandra Singh and Others vs. Ningam Siro and Others, (2020) 5 SCC 689. The review petitioners had also challenged communication dated 22.1.2021, whereby provisional seniority list had been drawn in terms of judgment dated 17.12.2020.
::: Downloaded on - 31/01/2022 23:24:46 :::CIS 65. In the facts and circumstances of the case, it would have been appropriate to recall the judgment dated 17.12.2020 passed by learned Single Judge and hear the matter afresh instead of modifying the .
judgment dated 17.12.2020 while deciding the review petition.
6. Accordingly, we are persuaded to set aside the judgment dated 4.8.2021, passed by learned Single Judge in review petition No.12 of 2021. Consequently, the Letters Patent Appeal is allowed and judgment dated 4.8.2021 as well as judgment dated 17.12.2020 passed by the learned Single Judge, are set aside. It is ordered that the CWPOA No.6523 of 2019 be heard and decided afresh.
7. Let the matter (CWPOA No.6523 of 2019) be listed before learned Single Judge on 27.12.2021.
Pending miscellaneous application(s), if any, also stands disposed of.
( Sabina ) Judge ( Jyotsna Rewal Dua) Judge December 9, 2021 (ks) ::: Downloaded on - 31/01/2022 23:24:46 :::CIS