Himachal Pradesh High Court
Leeladhar vs State Of H.P. & Another on 10 March, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Leeladhar versus State of H.P. & another .
CWP No. 801 of 2022 02.03.2022 Present: Mr. Digvijay Singh, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Additional Advocate General, for the respondents.
Admit.
Issue post admission notice. Mr. Ranjan Sharma, learned Additional Advocate General, accepts notice for the respondents.
List alongwith CWP No. 5967/2021 after four weeks. In the meanwhile, reply, if any, be filed.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 2, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Ravi Kumar versus State of H.P. & others .
CWP No. 795 of 202202.03.2022 Present: Mr. Yogesh Kumar Chandel, Advocate, for the petitioner.
Mr. Ajay Vaidya, Senior Additional Advocate General, for respondents No. 1 & 2.
Mr. Rajinder Thakur, Advocate, for respondent No. 3. Issue notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General, accepts notice for respondents No. 1 & 2 and Mr. Rajinder Thakur, Advocate, accepts the same for respondent No. 3.
Reply, if any, be filed within four weeks.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 2, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
::: Downloaded on - 11/03/2022 20:12:27 :::CISSalochna Devi versus State of H.P. & others .
CWP No. 817 of 202202.03.2022 Present: Mr. A.K. Gupta, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Additional Advocate General, for the respondents.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General, accepts notice for the respondents. He prays for and is granted four weeks' time to file reply.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 2, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Thakur Singh versus State of H.P. & others .
CWP No. 815 of 202202.03.2022 Present: Mr. A.K. Gupta, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Additional Advocate General, for the respondents.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General, accepts notice for the respondents. He prays for and is granted four weeks' time to file reply.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 2, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
::: Downloaded on - 11/03/2022 20:12:27 :::CISRamesh Kumar versus HRTC & another .
CMP No. 16098 of 2021in CWP No. 3325 of 2021 02.03.2022 Present: Ms. Abhilasha Kaundal, Advocate vice Mr. Sanjeev Kumar Suri, Advocate, for the applicant/petitioner.
Mr. Vir Bahadur Verma, Advocate, for the non-
applicants/respondents.
CMP No.16098 of 2021This application has been filed by the applicant/petitioner seeking minor correction in order dated 08.07.2021, passed by this Court in CWP No.3325 of 2021, by which the non-applicants/respondents were directed to release all the pensionary and retiral benefits to the applicant/petitioner, within a period of three months and thereafter, pension shall be released in favour of the applicant/petitioner regularly on the first day of every month. This application has been filed with the prayer that the words 'pension and pensionary' appeared in the aforesaid order, may be omitted and substituted as 'arrears of dearness relief'.
Having regard to the facts of the case, it is directed that in addition to what has already been directed, the non-applicants/respondents shall also release to the applicant/petitioner arrears of dearness relief due to him, as per relevant rules, within three months from the date of production of a copy of this order by the applicant/petitioner before the said authority(s), failing which the ::: Downloaded on - 11/03/2022 20:12:27 :::CIS applicant/petitioner shall also be entitled to interest at the rate .
of 9% per annum beyond the period of three months.
The application is disposed of accordingly.
( Mohammad Rafiq )
Chief Justice
r to ( Jyotsna Rewal Dua )
Judge
March 2, 2022
(hemlata)
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Shivam Gupta versus State of H.P. & others
.
CWP No. 1075 of 2022
02.03.2022 Present: Mr. Bhuvnesh Sharma and Mr. Ramakant
Sharma, Advocates, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Nand Lal Thakur, Additional Advocate General, for respondents No. 1 to 3.
CWP No. 1075 of 2022 & CMP No. 1816 of 2022.
Issue notice. Mr. Nand Lal Thakur, learned Additional Advocate General, accepts notice for respondents No. 1 to 3. Issue notice to respondent No. 4 to 6, returnable within three weeks, on taking steps within four days.
In the meanwhile, reply, if any, on behalf of respondents No. 1 to 3 be filed.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 2, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Babar Ali & another versus State of H.P. & others .
CWP No. 1113 of 202202.03.2022 Present: Mr. A.K. Gupta, Advocate, for the petitioners.
Mr. Ashok Sharma, Advocate General with Mr. Nand Lal Thakur, Additional Advocate General, for the respondents.
CWP No. 1113 of 2022 & CMP No. 1850 of 2022.
Issue notice. Mr. Nand Lal Thakur, learned Additional rAdvocate General, accepts notice for the respondents.
Reply, if any, be filed within four weeks.
List alongwith CWP No. 61 of 2022.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 2, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
::: Downloaded on - 11/03/2022 20:12:27 :::CISKalpana versus Union of India & others .
CWP No. 1977 of 201902.03.2022 Present: Mr. Shubham Sood, Advocate, for the petitioner.
Mr. Balram Sharma, Assistant Solicitor General of India, for the respondents.
List on 04.04.2022.
r to ( Mohammad Rafiq )
Chief Justice
( Jyotsna Rewal Dua )
Judge
March 2, 2022
(hemlata)
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Surinder Kumar versus State of H.P. & others
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CWPOA No. 3570 of 2020
03.03.2022 Present: Mr. Anshul Bansal, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Ms. Ritta Goswami, Additional Advocate General, for respondents No. 1 to 4.
Mr. Amit Singh Chandel, Advocate, for respondent No. 5.
CMP (T) No. 60 of 2022Allowed. The application is disposed of.
CWPOA No. 3570 of 2020Admit.
List the matter for hearing on 12.04.2022. In the meanwhile, pleadings be completed.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 3, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
::: Downloaded on - 11/03/2022 20:12:27 :::CISKulbhushan versus HRTC & another .
CWPOA No. 3255 of 202003.03.2022 Present: Mr. Anshul Bansal, Advocate, for the petitioner.
Mr. Vikas Rajput, Advocate, for the respondents.
CMP (T) No. 20 of 2022Allowed. The application is disposed of.
CWPOA No. 3255 of 2020rAdmit.
List the matter for hearing on 11.04.2022.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 3, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Mohar Singh versus HRTC & others .
Ex. Petition No. 467 of 202103.03.2022 Present: Mr. Tek Chand Sharma, Advocate, for the petitioner.
Ms. Shubh Mahajan, Advocate, for the respondents.
Learned Counsel for the respondents submits that the respondents have complied with order dated 5th July, 2021, passed by this Court in CWP No. 1124 of 2021. She seeks time to file compliance report.
List on 23.03.2022.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 3, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Sameer Shah & others versus HRTC .
Ex. Petition No. 421 of 202103.03.2022 Present: Mr. Mehar Chand Thakur, Advocate, for the petitioners.
Mr. Vikas Rajput, Advocate, for the respondent.
Learned Counsel for the respondents seeks and is granted two weeks' time to file undertaking in terms of order dated 23.02.2022.
List on 22.03.2022.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 3, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Parkash Chand versus HRTC & others .
Ex. Petition No. 466 of 202103.03.2022 Present: Mr. Manohar Lal Sharma, Advocate, for the petitioner.
Mr. Vikas Rajput, Advocate, for the respondents.
Learned Counsel for the respondents seeks and is granted further two weeks' time to file compliance report.
List on 22.03.2022.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 3, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Nanak Chand versus HRTC & another .
Ex. Petition No. 103 of 202103.03.2022 Present: Mr. Himanshu Kapila Advocate vice Mr. Manohar Lal Sharma, Advocate, for the petitioner.
Ms. Shubh Mahajan, Advocate, for the respondents.
This Court, by order dated 23rd December, 2020, passed in CWP No. 6150 of 2020, directed the respondents/authorities to decide the representation of the petitioner, in accordance with law, taking into consideration the judgment passed by the Single Bench of this Court in CWPOA No. 1517 of 2019, titled as Prem Singh versus Himachal Road Transport Corporation & another.
The petitioner has filed the present execution petition as the respondents have failed to comply with the aforesaid order. Notice of the present execution petition was issued to the respondents on 08.04.2021. Learned Counsel for the respondents prays for time to file compliance report. Last opportunity granted.
Now matter to come up on 21.03.2022.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 3, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS State of H.P. & others versus Budh Bahadur .
CMP(M) No. 411 of 202003.03.2022 Present: Mr. Ashok Sharma, Advocate General with Ms. Ritta Goswami, Additional Advocate General, for the applicants/appellants.
Ms. Babita, Advocate vice Mr. A.K. Gupta, Advocate, for the respondent.
Learned vice Counsel for the respondent prays for and is granted four weeks' time to file reply.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 3, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Atul Bhardwaj & others versus State of H.P. & others .
CWP No. 1211 of 202205.03.2022 Present: Mr. Onkar Jairath, Advocate, for the petitioners.
Mr. Ashok Sharma, Advocate General with Mr. Adarsh K. Sharma, Additional Advocate General, for the respondents.
CWP No. 1211 of 2022
Issue notice. Mr. Adarsh K. Sharma, learned
Additional Advocate
r General, accepts notice for the
respondents. Reply/instructions be filed/obtained within two
weeks.
List alongwith CWP No. 787 of 2022 on 22.03.2022.
CMP No. 2009 of 2022Notice in the aforesaid terms. In the meanwhile, operation of the impugned order dated 17.12.2021 (Annexure P-7) is ordered to be stayed.
CMP No. 2010 of 2022The applicants/petitioners are directed to file translated copies of the documents, which are in vernacular, by the next date of hearing. The application is disposed of accordingly.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge ::: Downloaded on - 11/03/2022 20:12:27 :::CIS March 5, 2022 (hemlata) Ashish Kumar & others versus State of H.P. & others .
CWP No. 1212 of 202205.03.2022 Present: Mr. Onkar Jairath, Advocate, for the petitioners.
Mr. Ashok Sharma, Advocate General with Mr. Adarsh K. Sharma, Additional Advocate General, for the respondents.
CWP No. 1212 of 2022rIssue notice. Mr. Adarsh K. Sharma, learned Additional Advocate General, accepts notice for the respondents. Reply/instructions be filed/obtained within two weeks.
List alongwith CWP No. 787 of 2022 on 22.03.2022.
CMP No. 2011 of 2022Notice in the aforesaid terms. In the meanwhile, operation of the impugned order dated 17.12.2021 (Annexure P-8) is ordered to be stayed.
CMP No. 2012 of 2022The applicants/petitioners are directed to file translated copies of the documents, which are in vernacular, by the next date of hearing. The application is disposed of accordingly.
( Mohammad Rafiq ) Chief Justice ::: Downloaded on - 11/03/2022 20:12:27 :::CIS ( Jyotsna Rewal Dua ) Judge .
March 5, 2022 (hemlata) Rahul Thakur & others versus State of H.P. & others CWP No. 1209 of 2022 05.03.2022 Present: Mr. Onkar Jairath, Advocate, for the petitioners.
Mr. Ashok Sharma, Advocate General with Mr. Adarsh K. Sharma, Additional Advocate General, for the respondents.
CWP No. 1209 of 2022Issue notice. Mr. Adarsh K. Sharma, learned Additional Advocate General, accepts notice for the respondents. Reply/instructions be filed/obtained within two weeks.
List alongwith CWP No. 787 of 2022 on 22.03.2022.
CMP No. 2005 of 2022Notice in the aforesaid terms. In the meanwhile, operation of the impugned order dated 17.12.2021 (Annexure P-8) is ordered to be stayed.
CMP No. 2006 of 2022The applicants/petitioners are directed to file translated copies of the documents, which are in vernacular, by the next date of hearing. The application is disposed of accordingly.
( Mohammad Rafiq ) Chief Justice ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
( Jyotsna Rewal Dua ) Judge March 5, 2022 (hemlata) r to ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Kaptan Singh versus H.R.T.C. & another .
CWP No. 881 of 202207.03.2022 Present: Mr. Hem Kanta Kaushal, Advocate, for the petitioner.
Mr. Ajeet Singh Saklani, Advocate, for the respondents.
Issue notice. Mr. Ajeet Singh Saklani, Advocate, accepts notice for the respondents. He prays for and is granted four weeks' time to file reply.
r List alongwith CWP No. 5728 of 2021.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 7, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Lekh Raj versus H.R.T.C. & another .
CWP No. 882 of 202207.03.2022 Present: Mr. Hem Kanta Kaushal, Advocate, for the petitioner.
Mr. Ajeet Singh Saklani, Advocate, for the respondents.
Issue notice. Mr. Ajeet Singh Saklani, Advocate, accepts notice for the respondents. He prays for and is granted four weeks' time to file reply.
r List alongwith CWP No. 5728 of 2021.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 7, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Rajesh Guleria versus H.R.T.C. & another .
CWP No. 883 of 202207.03.2022 Present: Mr. Hem Kanta Kaushal, Advocate, for the petitioner.
Mr. Ajeet Singh Saklani, Advocate, for the respondents.
Issue notice. Mr. Ajeet Singh Saklani, Advocate, accepts notice for the respondents. He prays for and is granted four weeks' time to file reply.
r List alongwith CWP No. 5728 of 2021.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 7, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Kuldeep Singh versus H.R.T.C. & another .
CWP No. 887 of 202207.03.2022 Present: Mr. Hem Kanta Kaushal, Advocate, for the petitioner.
Mr. Ajeet Singh Saklani, Advocate, for the respondents.
Issue notice. Mr. Ajeet Singh Saklani, Advocate, accepts notice for the respondents. He prays for and is granted four weeks' time to file reply.
r List alongwith CWP No. 5728 of 2021.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 7, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Dhameshwar Ram & others versus State of H.P. & others .
CWP No. 909 of 202207.03.2022 Present: Mr. Kush Sharma, Advocate, for the petitioners.
Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Advocate, for respondents No. 1 to 4. Mr. Balram Sharma, Assistant Solicitor General of India, for respondent No. 5.
CWP No. 909 of 2022Issue notice. Mr. Vikas Rathore, learned Additional Advocate General, accepts notice for respondents No. 1 to 4 and Mr. Balram Sharma, learned Assistant Solicitor General of India, accepts the same for respondent No. 5.
Reply, if any, be filed within four weeks.
Name of Mr. Balram Sharma, learned Assistant Solicitor General of India, representing respondent No. 5, be shown in the cause list, henceforth.
CMP No. 1632 of 2022The applicants/petitioners are directed to file translated copy of Annexure P-8, by the next date of hearing.
The application is disposed of accordingly.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 7, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
Dr. Satish Kumar Mahajan versus State of H.P. & others CWP No. 8390 of 2021 07.03.2022 Present: Mr. Dheeraj K. Verma, Advocate, for the petitioner.
Mr. Ajay Vaidya, Senior Additional Advocate General, for the respondents.
Issue notice. Mr. Ajay Vaidya, learned Senior Additional r Advocate General, accepts notice for the respondents. He prays for and is granted four weeks' time to file reply.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 7, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Gopal Krishan versus Malhotra Refrigeration P Ltd. & others .
Co. Appeal No. 1 of 2014 alongwith CMPMO No. 404 of 2016 07.03.2022 Present: Mr. Bimal Gupta, Senior Advocate with Mr. Vineet Vashishta, Advocate, for the appellant and for petitioner in CMPMO No. 404 of 2016.
Mr. Aman Sood, Advocate, for respondents No. 1to 3 in Co. Appeal No. 1 of 2014.
Mr. R.K. Gautam, Senior Advocate, with Ms. Megha Kapur Gautam, Advocate, for respondents No. 3 & 4 in CMPMO No. 404 of 2016.
Co. Application No. 6 of 2021 in Co. Appeal No. 1of 2014.
This application has been filed by the appellant/applicant for bringing on record the legal representative of late Sh. Anil Kumar-proforma respondent No. 3, who expired on 02.06.2019, leaving behind his only son Sh.
Raghav Silhi, R/o House No. B-4/179, Mohalla Silhian, Committee Bazar, Hoshiarpur, for condoning the delay in filing the aforesaid application and for setting aside the abatement, if any.
It is contended that the application could not be filed earlier on account of imposition of lockdown and certain restrictions due to pandemic covid-19.
For the aforesaid reasons, the delay in filing the application for bringing on record the legal representatives of late Sh. Anil Kumar-proforma respondent No. 3, is allowed, the abatement, if any, is set aside, and the sole legal representative of late Sh. Anil Kumar-proforma respondent No. ::: Downloaded on - 11/03/2022 20:12:27 :::CIS 3 is ordered to be brought on record. He shall figure as .
respondent No. 3 in the appeal. Amended memo of parties be filed within a week. The application is disposed of.
Co. Appeal No. 1 of 2014.
Notice be issued to the newly added respondent No. 3, returnable within four weeks, on taking steps within one week.
CMP(M) No. 334 of 2021 in CMPMO No. 404 of r2016.
This application has been filed by the petitioner/applicant for bringing on record the legal representative of late Sh. Anil Kumar-proforma respondent No. 5, who expired on 02.06.2019, leaving behind his only son Sh.
Raghav Silhi, R/o House No. B-4/179, Mohalla Silhian, Committee Bazar, Hoshiarpur, for condoning the delay in filing the aforesaid application and for setting aside the abatement, if any.
It is contended that the application could not be filed earlier on account of imposition of lockdown and certain restrictions due to pandemic covid-19.
For the aforesaid reasons, the delay in filing the application for bringing on record the legal representatives of late Sh. Anil Kumar-proforma respondent No. 5, is allowed, the abatement, if any, is set aside and the sole legal representative of late Sh. Anil Kumar-proforma respondent No. 5 is ordered to be brought on record. He shall figure as respondent No. 5 in ::: Downloaded on - 11/03/2022 20:12:27 :::CIS the appeal. Amended memo of parties be filed within a week.
.
The application is disposed of.
CMPMO No. 404 of 2016.
Let notice be issued to the newly added respondent No. 5 returnable within four weeks, on taking steps within one week.
Notices issued to respondents No. 1 & 2 received back unserved. Let fresh notice be issued to them returnable within four weeks, on taking steps within one week.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 7, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Ramesh Chand versus State of H.P. & another .
Ex. Petition No. 1 of 202008.03.2022 Present: Mr. Gurmeet Bhardwaj, Advocate vice Mr. Vishwa Bhushan, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Ms. Ritta Goswami, Additional Advocate General, for the respondents/State.
Learned Additional Advocate General submitted that the judgment, of which compliance was sought, has been challenged by the State before the Supreme Court by filing Special Leave Petition (Civil) Diary No(s) 21680/2021. The Supreme Court, while declining to grant any interim relief, has directed that the appointment in terms of the order impugned shall remain subject matter of Special Leave Petition (C) No. 30335/2017, in which petition, the issue raised has been referred for consideration of a larger Bench.
Learned Additional Advocate General submits that the respondents shall file compliance report within two weeks.
List after two weeks.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 8, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Pradeep Kumar versus State of H.P. & others .
CWP No. 1278 of 202208.03.2022 Present: Mr. Devender Kumar Sharma, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Ms. Ritta Goswami, Additional Advocate General, for respondents No. 1 & 2.
Mr. B. Nandan Vashisht, Advocate, for respondent No. 3.
rMs. Suchitra Sen, Advocate, for respondent No. 4.
CWP No. 1278 of 2022 & CMP No. 2114 of 2022 Issue notice. Ms. Ritta Goswami, learned Additional Advocate General, Mr. B. Nandan Vashisht, Advocate and Ms. Suchitra Sen, Advocate, accept notice for respondents No. 1 & 2, respondent No. 3 and respondent No. 4, respectively.
List alongwith CWP No. 1773 of 2020 on 23.03.2022. In the meanwhile, reply, if any, be filed.
CMP No. 2115 of 2022The applicant/petitioner is directed to file translated copies of the documents, which are in vernacular, by the next date of hearing. The application is disposed of accordingly.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 8, 2022 ::: Downloaded on - 11/03/2022 20:12:27 :::CIS (hemlata) M/s Acacia Traders versus State of H.P. & others .
CWP No. 1295 of 202208.03.2022 Present: Mr. B.C. Negi, Senior Advocate with Mr. Ajay Kumar Sharma and Mr. Nitin Thakur, Advocates, for the petitioner.
Mr. Ajay Vaidya, Senior Additional Advocate General, for the respondents.
CWP No. 1295 of 2022 & CMP No. 2150 of 2022 r Issue notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General, accepts notice for the respondents. He prays for and is granted two weeks' time to file reply.
CMP No. 2151 of 2022The applicant/petitioner is directed to file typed/translated copies of the documents in question, by the next date of hearing. The application is disposed of accordingly.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 8, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
::: Downloaded on - 11/03/2022 20:12:27 :::CISManasvi Mahajan versus H.P. Board of School Education .
CWP No. 5797 of 202008.03.2022 Present: Mr. Jagdish Thakur, Advocate, for the petitioner.
Mr. Vir Bahadur Verma, Advocate, for the respondent.
List next week, as prayed for.
r to ( Mohammad Rafiq )
Chief Justice
( Jyotsna Rewal Dua )
Judge
March 8, 2022
(hemlata)
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HPSEB versus Sanjay Badoga
.
LPA No. 100 of 2016
08.03.2022 Present: Mr. T.S. Chauhan, Advocate, for the appellants
Mr. Ranjana Parmar, Senior Advocate with Mr. Karan Singh Parmar, Advocate, for the respondents.
List on 05.04.2022.
r to ( Mohammad Rafiq )
Chief Justice
( Jyotsna Rewal Dua )
Judge
March 8, 2022
(hemlata)
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Manoj Kumar versus State of H.P. & others
.
CWP No. 1621 of 2021
08.03.2022 Present: Mr. Sunil Mohan Goel, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General, with Ms. Ritta Goswami, Additional Advocate General, for respondents No. 1 to 4/State.
List on 22.03.2022.
r to ( Mohammad Rafiq )
Chief Justice
( Jyotsna Rewal Dua )
Judge
March 8, 2022
(hemlata)
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Rajender versus State of H.P. & another
.
CWP No. 1327 of 2022
09.03.2022 Present: Mr. G.R. Palsra, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General, with Mr. Adarsh Sharma, Additional Advocate General, for respondent No. 1.
Mr. H.S. Rangra, Advocate, for respondent No. 2.
CWP No. 1327 of 2022 & CMP No. 2232 of 2022 r Issue notice. Mr. Adarsh Sharma, learned Additional Advocate General, accepts notice for respondent No. 1 and Mr. H.S. Rangra, Advocate, accepts the same for respondent No. 2. They pray for and are granted two weeks' time to file reply.
CMP No. 2233 of 2022The applicant/petitioner is directed to file translated copies of the documents, which are in vernacular, by the next date of hearing. The application is disposed of accordingly.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 9, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
::: Downloaded on - 11/03/2022 20:12:27 :::CISRajender versus State of H.P. & another .
CWP No. 1327 of 202209.03.2022 Present: Mr. G.R. Palsra, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General, with Mr. Adarsh Sharma, Additional Advocate General, for respondent No. 1.
Mr. H.S. Rangra, Advocate, for respondent No. 2.
CWP No. 1327 of 2022 & CMP No. 2232 of 2022 r Issue notice. Mr. Adarsh Sharma, learned Additional Advocate General, accepts notice for respondent No. 1 and Mr. H.S. Rangra, Advocate, accepts the same for respondent No. 2. They pray for and are granted two weeks' time to file reply.
CMP No. 2233 of 2022The applicant/petitioner is directed to file translated copies of the documents, which are in vernacular, by the next date of hearing. The application is disposed of accordingly.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 9, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
::: Downloaded on - 11/03/2022 20:12:27 :::CISKashvi versus State of H.P. & others .
CWP No. 8062 of 202109.03.2022 Present: Mr. G.D. Verma, Senior Advocate with Mr. Balwant Singh Thakur and Ms. Nargis Thakur, Advocates, for the petitioner.
Mr. Ashok Sharma, Advocate General, with Ms. Ritta Goswami, Additional Advocate General, for respondents No. 1 & 2.
Mr. Vir Bahadur Verma, Advocate, for respondent r No. 3.
Ms. Ritta Goswami, learned Additional Advocate General, produced short reply to the writ petition filed on behalf of respondents No. 1 & 2, in the Court, which is taken on record.
Learned Counsel for the petitioner prays for and is granted time to file rejoinder.
List on 15.03.2022.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 9, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Bhuvneshwar & others versus State of H.P. & others .
CWP No. 166 of 202209.03.2022 Present: Mr. Adarsh K. Vashista, Advocate, for the petitioners.
Mr. Ashok Sharma, Advocate General, with Ms. Ritta Goswami, Additional Advocate General, for the respondents.
Admit.
Reply, if any, be filed within four weeks.
List alongwith CWPOA 689 of 2019.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 9, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS H.P. State Cooperative Milk Producers Federation versus Surinder Kumar & others.
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LPA No. 6 of 202209.03.2022 Present: Mr. Imran Khan, Advocate, for the appellant.
Mr. Surinder Saklani, Advocate, for respondents No. 1 to 5 & 7 to 11.
Learned Counsel for the petitioner to obtain report from the Postal Department about the delivery of notices on respondents No. 6, 11 & 12.
r to List on 12.04.2022.
Registry to reflect the name of Mr. Surinder Saklani, learned Counsel representing respondents No. 1 to 5 & 7 to 11 in the cause list henceforth.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 9, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Rattan Jeet & others versus HPSEB & others .
CWP No. 262 of 202209.03.2022 Present: Mr. Sunil Mohan Goel, Advocate, for the petitioners.
Mr. T.S. Chauhan, Advocate, for respondent No. 1. Mr. Dilip Sharma, Senior Advocate with Mr. Manish Sharma, Advocate, for respondents No. 2 to 4.
Mr. Bimal Gupta, Senior Advocate with Mr. Satish Sharma, Advocate, for respondents No. 5 to 8.
Mr. Raman Jamalta, Advocate, for respondents No. 9 to 13.
Reply, if any, be filed by or before the next date.
List on 20.04.2022.
In the meantime, promotion, if any, shall remain subject to final outcome of the writ petition and this stipulation shall be made in the order of promotion.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 9, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS Saroop Kumar versus State of H.P. & others .
CWP No. 1350 of 202210.03.2022 Present: Mr. Neel Kamal Sood, Mr. Vasu Sood and Ms. Seema Azad, Advocates, for the petitioners.
Mr. Ashok Sharma, Advocate General with Mr. Adarsh Sharma, Additional Advocate General, for respondents No. 1 to 4.
CWP No. 1350 of 2022 & CMP No. 2268 of 2022 Contention of the learned Counsel for the petitioner is that the petitioner is working on the post of Station Fire Officer and his case for promotion to the post of Divisional Fire Officer for holding DPC was processed by respondent No. 3 for the vacancy that was to become available upon retirement of respondent No. 5. However, the respondent-
Department, vide Annexure P-6, has abruptly granted extension of service to respondent No. 5 on 28th February, 2022, the date on which he was due to retire on attaining the age of superannuation. His services have been extended for a period of one year from 01.03.2022 to 28.02.2023. The petitioner, in the meantime, would retire on 30.11.2022. It is contended that although, the petitioner may not have the right to claim for promotion as a matter of right, but he certainly has the right of consideration for promotion, which is his legitimate expectation as the post of the Divisional Fire Officer was to become available on the retirement of respondent No. 5 on 28.02.2023 and the process for convening DPC to consider the ::: Downloaded on - 11/03/2022 20:12:27 :::CIS case of the petitioner and other eligible candidates for .
promotion had already been initiated.
2. The learned Counsel for the petitioner has cited order dated 19th December, 2017, passed by this Court in CWPIL No. 201 of 2017, wherein it was directed that "henceforth no employee shall be given extension or be re-employed beyond the age of superannuation/ retirement r save and except, in accordance with the Chapter-22 of the Hand Book on Personnel Matters Vol-II (2nd Edition) and the provisions of Fundamental Rules 56(d). Letter and spirit of the criteria prescribed and the Rules framed be strictly followed."
3. Referring to Clause 22.4 of the aforesaid Hand Book, the learned Counsel argued that it is clearly provided therein that no proposal for extension of service/re-employment beyond the age of superannuation should ordinarily be considered and that the over-riding consideration for the grant of extension of service/re-employment is that it must be clearly in the public interest and in addition, satisfy one of the following two conditions; namely (i) that other officers are not ripe enough to take over the job; or (ii) that the retiring officer is of outstanding merit. It is contended that the petitioner was very much ripe enough to take over the job of Divisional Fire Officer and the retiring officer i.e. respondent No. 5 does not have any outstanding merit.
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Additional Advocate General, accepts notice for respondents No. 1 to 4. Issue notice to respondent No. 5, returnable within four weeks, on taking steps within one week.
5. In the meanwhile, operation of letter dated 28th February, 2022 (Annexure P-6), shall remain stayed.
r to ( Mohammad Rafiq )
Chief Justice
( Jyotsna Rewal Dua )
Judge
March 10, 2022
(hemlata)
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Jeet Ram Panwar versus HPSEB
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LPA No. 515 of 2012
10.03.2022 Present: Mr. Subhash Sharma, Advocate, for the appellant.
Mr. Tara Singh Chauhan, Advocate, for the respondent.
Learned Counsel for the respondent submits that final seniority list has been issued and he wants to file an affidavit to that effect.
List on 26.04.2022.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 10, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
::: Downloaded on - 11/03/2022 20:12:27 :::CISVed Prakash versus Union of India & others .
CWP No. 8017 of 201410.03.2022 Present: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan, Advocate, for the petitioner.
Ms. Ritta Goswami, Advocate vice Mr. Balram Sharma, Assistant Solicitor General of India, for the respondents.
Learned vice Counsel appearing on behalf of the respondents prays for an adjournment.
Matter to come up on 24.03.2022.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 10, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
::: Downloaded on - 11/03/2022 20:12:27 :::CISSudhir Kumar & another versus State of H.P. & others.
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CWP No. 8372 of 202110.03.2022 Present: Ms. Ranjana Pathania, Advocate vice Ms. Archana Dutt, Advocate, for the petitioners.
Mr. Ashok Sharma, Advocate General with Mr. Nand Lal Thakur, Additional Advocate General, for the respondents.
Learned vice Counsel appearing on behalf of the petitioners prays for and is granted three weeks' time to file rejoinder.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 10, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
::: Downloaded on - 11/03/2022 20:12:27 :::CISThe Principal Secretary versus Surender Kumar Vashisth & other connected matters.
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CWP No. 7860 of 2021 a/w CWPOA No. 6757/2020, CWPs No. 7332, 7594, 7516/2021 & CWP No. 265/2022.
CWP No. 7860 of 202110.03.2022 Present: Mr. Ashok Sharma, Advocate General with Mr. Nand Lal Thakur, Additional Advocate General, for the petitioners.
Mr. Rakesh Kumar Sharma, Advocate, for the respondent.
rCWPOA No. 6757 of 2020Mr. Rakesh Kumar Sharma, Advocate, for the petitioner.
Mr. Lakshay Thakur, Advocate, for the respondent.
CWPs No. 7332, 7594 of 2021 & 265 of 2022 Mr. Rakesh Kumar Sharma, Advocate, for the petitioner(s).
Mr. Ashok Sharma, Advocate General with Mr. Nand Lal Thakur, Additional Advocate General, for the respondents-State.
CWP No. 7516 of 2021Mr. Ajay Sipahiya, Advocate, for the petitioner. Mr. Ashok Sharma, Advocate General with Mr. Nand Lal Thakur, Additional Advocate General, for the respondents-State.
Last opportunity to file reply is granted.
List on 27.03.2022.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 10, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
::: Downloaded on - 11/03/2022 20:12:27 :::CIS.
::: Downloaded on - 11/03/2022 20:12:27 :::CISOm Prakash versus State of H.P. & others.
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CWP No. 7570 of 202110.03.2022 Present: Mr. Rishi Tandon, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Nand Lal Thakur, Additional Advocate General, for the respondents.
Last opportunity of four weeks' is granted to file reply.
r List on 21.04.2022.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 10, 2022 (hemlata) ::: Downloaded on - 11/03/2022 20:12:27 :::CIS .
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