Himachal Pradesh High Court
Rakesh Kumar vs . Hpsebl & Anr. And Other Connected ... on 15 June, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
Rakesh Kumar vs. HPSEBL & Anr. and other connected matters CWPOA No. 7989 of 2019 a/w CWPOAs No. 8057, 8063, 8065 of 2019 and CWPOAs No. 164, 168, 170, 184, 561 and 811 of 2020 .
15.06.2022 Present: Mr. Ankush Dass Sood, Sr. Advocate with Mr. Rakesh Kumar, Advocate, for the petitioner(s).
Mr. Tara Singh Chauhan, Advocate, for the respondents-Board.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. Bhupinder Thakur, Mr. Yudhbir Singh Thakur, Dy. A.Gs. And Mr. Rajat Chauhan, Law Officer, for respondents-State.
Mr. Manoj Kumar, Executive Director (Personnel), HPSEBL, in person.
CMP-T No. 109 of 2022 Heard. Having gone through the application filed by the applicant for impleadment of the State as party respondents, we are of the considered view that the State Government is not only a proper but a necessary party.
Accordingly, the application is allowed and the State of Himachal Pradesh through its Secretary (MPP & Power) and Principal Secretary (Social Justice & Empowerment) to the Government of Himachal Pradesh are impleaded as party-
respondents. Registry is directed to supply two copies of the Paper Book to the office of learned Advocate General within two days. Application stands disposed of.
CWPOA No. 7989 of 2019 a/w CWPOAs No. 8057, 8063, 8065 of 2019 and CWPOAs No. 164, 168, 170, 184, 561 and 811 of 2020
2. The instant petitions have been filed for the grant of following substantive relief(s):-
I) Declare the Recruitment and Promotion Rules contained in Annexure A-3 to be declared unconstitutional and illegal and not binding upon the applicant as it does not ::: Downloaded on - 16/06/2022 20:02:45 :::CIS -2- provide reservation of 3% quota in promotional avenue in view of the law laid down by the Hon'ble Supreme Court .
and various other High Courts declaring the persons withdisability entitled to the aforesaid reservation in Promotional avenue under the person with disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 by way of issuance of a writ in the nature of Certiorari and further in nature of Mandamus directing the respondents department to amend the R & P Rules by way of incorporation of provision of promotional quota of 3% for promotions to the disabled persons under the Act.
3. Prima facie, we are of the considered opinion that the issue in question is no longer res integra and is squarely covered by the order passed by the Hon'ble Supreme Court on 28.09.2021 in Siddaraju vs. State of Karnataka, Civil Appeal No. 1567/2017 and is otherwise also covered by the earlier judgments of the Hon'ble Supreme Court rendered in Union of India & Anr. vs. National Federation of the Blinds & Ors., Civil Appeal No. 9096 of 2013 and The State of Kerala & Ors. vs. Leesamma Joseph, Civil Appeal No. 59 of 2021.
4. Therefore, in such circumstances, it is necessary to have the reply of the State Government, so as to ascertain as to how it plans to implement and execute the orders/Judgments passed by the Hon'ble Supreme Court, more particularly, when the Central Government has already commenced the process, as is evident from the Office Memorandum No. 36012/1/2020-Estt. (Res.-II), dated 17 th May, 2022, which is now made part of the case file.
::: Downloaded on - 16/06/2022 20:02:45 :::CIS -3-5. Since, the matter pertains to policy decision, it is not for the Electricity Board alone to finalize or execute such policy .
decision, therefore, we hope and trust that the State Government extends its full cooperation to the Electricity Board, so as to ensure that a policy decision can be taken vis-
a-vis not only the Electricity Board, Cooperations and Boards but all other establishments.
6. The first meeting in this regard shall be held under the Chairmanship of the Chief Secretary on 24/25.06.2022.
The Chief Secretary is free to convene further meeting(s) if so required.
7. List on 13.07.2022. In the meanwhile, respondents No. 1 and 2 are directed to comply with the orders dated 02.05.2022 and 30.05.2022 and complete the data before the next date of hearing.
The personal presence of the officer present is dispensed with.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 15, 2022 (sanjeev) ::: Downloaded on - 16/06/2022 20:02:45 :::CIS