Himachal Pradesh High Court
CMPMO/358/2018 on 7 November, 2019
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
CWP No. 201 of 2012 .
07.11.2019 Present: Mr. Ashwani K. Sharma, Senior Advocate, with Mr. Ishan Sharma, Advocate, for the petitioner. Mr. Dinesh Thakur, Additional Advocate General, with M/s Seema Sharma & Divya Sood, Deputy Advocate Generals, for the respondents.
As prayed for, list for hearing immediately after three weeks. r (Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP CWP No. 3926 of 2009 .
07.11.2019 Present: Mr. Rupinder Singh, Advocate, for the petitioners.
Mr. Dinesh Thakur, Additional Advocate General, with M/s Seema Sharma & Divya Sood, Deputy Advocate Generals, for the respondents.
On the request of learned Deputy Advocate
r to
General, list for hearing on 14th November, 2019.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP RSA No. 568 of 2009 .
07.11.2019 Present: Ms. Rinki Kashmiri, Advocate, vice Mr. Janesh Gupta, Advocate, for the appellants.
Mr. Rakesh Chaudhary, Advocate, for the respondent.
On the request of Mr. Rakesh Chaudhary, three weeks' more time is granted to file power of attorney on behalf of the respondent. List thereafter.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
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RSA No. 486 of 200807.11.2019 Present: Mr. Het Ram, Advocate, vice Mr. Sanjeev Sood, Advocate, for the appellants.
Mr. Praneet Gupta, Advocate, for respondents No. 1 and 3.
None for respondent No. 2.
Name of respondent No. 4 stands deleted.
On the request of learned counsel for the appellants, the matter is adjourned. List for hearing on 28th November, 2019, as prayed for.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
RSA No. 97 of 200907.11.2019 Present: Mr. Het Ram, Advocate, vice Mr. Sanjeev Sood, Advocate, for the appellant.
Mr. Dinesh Thakur, Additional Advocate General, with M/s Seema Sharma & Divya Sood, Deputy Advocate Generals, for respondent No. 1.
Mr. Arun Sehgal, Advocate, for respondents No. 2, 3 and 4(a) to 4(d).
On the request of learned counsel for the appellant, the matter is adjourned. List for hearing after three weeks.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
RSA No. 400 of 2008 a/w RSA No. 412 of 2008 07.11.2019 Present: Mr. Sanjeev Kuthiala, Senior Advocate, with Ms. Sonia Saini, Advocate, for the appellant(s) in both the appeals.
Ms. Rinki Kashmiri, Advocate, vice Mr. Janesh Gupta, Advocate, for the respective respondents in both the appeals.
r to The matters are adjourned by three weeks as Mr. Neeraj Gupta, learned Senior Counsel, who is to address the arguments in these cases, is unwell. List for hearing immediately after three weeks.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
RSA No. 89 of 200707.11.2019 Present: Mr. Sanjeev Kuthiala, Senior Advocate, with Ms. Sonia Saini, Advocate, for the appellants.
Mr. Hemant Sharma, Advocate, vice Mr. Aman Sood, Advocate, for respondents No. 1 and 2.
Respondent No. 3 is ex parte.
weeks.
r to As jointly prayed for, list for hearing after four (Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
CMPMO No. 358 of 201807.11.2019 Present: Ms. Shashi Kiran, Advocate, vice Mr. Vijay Arora, Advocate, for the petitioner.
Mr. Jagdish Thakur, Advocate, for respondent No. 3. No notice has been issued to respondents No. 1 and 2.
As jointly prayed for, list for hearing on 30th December, 2019.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
CMPMO No. 441 of 201907.11.2019 Present: M/s Arjun Lall & Sanjay Verma, Advocate, for the petitioners.
Mr. Vikram Singh, Advocate, vice Mr. C.N. Singh, Advocate, for the respondent.
CMPMO No. 441 of 2019 & CMP No. 8950 of 2019 Mr. Vikram Singh, learned counsel has put in appearance on behalf of the respondent. On his request, the matter is adjourned. As prayed for, list on 12th December, 2019. Interim to continue.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
CMPMO No. 320 of 201907.11.2019 Present: Mr. Romesh Verma, Advocate, for the petitioner.
Ms. Seema Guleria, Advocate, for the respondent.
CMPMO No. 320 of 2019 & CMP No. 6439 of 2019 On the request of Mr. Romesh Verma, learned counsel for the petitioner, the matter is adjourned. As prayed for, list on 4th December, 2019. Interim to continue.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
CMPMO No. 320 of 201907.11.2019 Present: Mr. Romesh Verma, Advocate, for the petitioner.
Ms. Seema Guleria, Advocate, for the respondent.
CMPMO No. 320 of 2019 & CMP No. 6439 of 2019 On the request of Mr. Romesh Verma, learned counsel for the petitioner, the matter is adjourned. As prayed for, list on 4th December, 2019. Interim to continue.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
RSA No. 166 of 201907.11.2019 Present: Mr. Hoshiar Kaushal, Advocate, for the appellant.
Mr. H.S. Rangra, Advocate, for respondents No. 2 and 3.
Mr. Dinesh Thakur, Additional Advocate General, with M/s Seema Sharma & Divya Sood, Deputy Advocate Generals, for respondent No. 4.
rNone for respondent No. 1.
On the request of learned counsel for the parties, the matter is adjourned. As prayed for, list on 30th December, 2019.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
RSA No. 126 of 201907.11.2019 Present: Mr. Sudhir Thakur, Senior Advocate, with Mr. Karun Negi, Advocate, for the appellant.
Mr. Dinesh Thakur, Additional Advocate General, with M/s Seema Sharma & Divya Sood, Deputy Advocate Generals, for respondent No. 1.
Respondents No. 2 to 24(iii) are ex parte.
rNone for respondent No. 25.
As per report of the Registry, respondent No. 25 stands served. As none has put in appearance on behalf of the said respondent, he is ordered to be proceeded against ex parte.
As prayed for, list on 2nd December, 2019. In the meanwhile, Registry is directed to call for the record. Interim to continue.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
RSA No. 126 of 201907.11.2019 Present: Mr. Sudhir Thakur, Senior Advocate, with Mr. Karun Negi, Advocate, for the appellant.
Mr. Dinesh Thakur, Additional Advocate General, with M/s Seema Sharma & Divya Sood, Deputy Advocate Generals, for respondent No. 1.
Respondents No. 2 to 24(iii) are ex parte.
rNone for respondent No. 25.
As per report of the Registry, respondent No. 25 stands served. As none has put in appearance on behalf of the said respondent, he is ordered to be proceeded against ex parte.
As prayed for, list on 2nd December, 2019. In the meanwhile, Registry is directed to call for the record. Interim to continue.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
RSA No. 462 of 2008 a/w Crossobjections No. 6 of 2009 07.11.2019 Present: Mr. N.K. Thakur, Senior Advocate, with M/s Divya Raj Singh & Karan Singh Thakur, Advocate, for the appellant.
Mr. K.D. Sood, Senior Advocate, with Mr. Het Ram Thakur, Advocate, for respondent No. 1.
r to None for respondents No. 2(a) to 2(c).
Arguments heard. Judgment reserved.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
CWP No. 108 of 201907.11.2019 Present: Mr. Sanjeev K. Suri, Advocate, for the petitioner.
Mr. Dinesh Thakur, Additional Advocate General, with M/s Seema Sharma & Divya Sood, Deputy Advocate Generals, for respondents No. 1 to 4.
Mr. Anup Rattan, Advocate, for respondent No. 5.
Respondents No. 6 to 8 are ex parte.
Learned Deputy Advocate General has produced the original application forms submitted by the petitioner as well as private respondent, as also other candidates, who applied for the post in issue. A perusal of the application form submitted by the private respondent demonstrates that the copy of the Parivar Register appended with the same contained a Note that family of the private respondent, as reflected in the said Parivar Register, stood separated from the month of January, 2016.
During the course of arguments, learned counsel for the petitioner has relied upon the Notification dated 20 th July, 2016 (Annexure P1) and on the strength of the contents of the same, he has submitted that the private respondent was not eligible to be considered for appointment against the post in issue, because in terms of the conditions, as stood incorporated in the said Notification, the applicant had to provide a copy of the Parivar Register from Panchayat Secretary, in which, it ought to have been clearly mentioned that the family of the applicant was living as a separate entity before 1st January, 2016.
On the other hand, learned counsel for the private respondent has drawn the attention of the Court to Notification dated 29th February, 2016, also appended with the petition and on the strength of the contents of the said Notification, he has ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
argued that the Notification envisaged Frozen List of families as on 1st January of the Recruitment Year, which were to be displayed on the Notice Board of all offices to enable eligible women members of the said families to apply for the post in issue. On the strength of the language of the Notification, learned counsel for the private respondent submits that as in the record, the family of the private respondent stood reflected as a separate family w.e.f. 01.01.2016, she was eligible to compete for the post in issue. He further submits that the contention which he is so making, is without prejudice to other stand of the private respondent that the family in fact stood separated much before that, i.e., on 02.10.2015, when approval in this regard was accorded by the Gram Sabha and an entry to this effect stood entered in the Parivar Register.
Having heard learned counsel for the petitioner as also private respondent, as there appears to be some mismatch in the language which has been used in Notification dated 20 th July, 2016 visavis Notification dated 29 th February, 2016, before the matter is heard any further, Secretary (Social Justice and Empowerment), Government of Himachal Pradesh is directed to file his personal affidavit explaining therein that as per the Government of Himahal Pradesh, what is the cut off date on which the status of the family of the applicant has to be assessed and ascertained to gauge the eligibility of the candidate. Is it as on 1st January or otherwise? Let the needful ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP .
be done before the next date of hearing. Record be retained.
As prayed for, list on 21st November, 2019.
Copy dasti.
(Ajay Mohan Goel) Judge November 07, 2019 (bhupender) ::: Downloaded on - 07/11/2019 20:27:54 :::HCHP