Himachal Pradesh High Court
Lekh Raj Sharma And Others vs State Of Hp And Others on 14 March, 2018
Bench: Sanjay Karol, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 109 of 2017 and connected mattes.
Date of decision: 14.3.2018.
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1. LPA No. 109 of 2017.
Lekh Raj Sharma and others ......Appellants Versus State of HP and others ....... Respondents
2. LPA No. 116 of 2015.
State of HP and another ......Appellants Versus Parveen Gupta ....... Respondent
3. CWP No. 2837 of 2017.
Deepak Kapil and others ......Appellants Versus State of HP and others ....... Respondents
4. CWP No. 273 of 2018.
Sanjay Sharma and others ......Appellants Versus State of HP and others ....... Respondents Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice The Hon'ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting?
LPA No. 109/2017.
For the petitioner(s)/Appellants: Mr. B.C. Negi, Sr. Advocate with Mr. Vijay K. Verma, Advocate.
For the respondents: Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma and Mr. Adarsh Sharma Additional AGs with Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. C.N. Singh, Advocate, for respondent No.3.
LPA NO. 116/2015.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma and Mr. Adarsh Sharma Additional AGs with Mr. J.K. ::: Downloaded on - 15/03/2018 23:02:29 :::HCHP 2 Verma, Deputy Advocate General, for the appellants/State. Mr. C.N. Singh, Advocate, for the respondent.
CWP No.2837/2017& CWP No. 273/2018.
.
Mr. B.C. Negi, Sr. Advocate with Mr. Vijay K. Verma, Advocate.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma and Mr. Adarsh Sharma Additional AGs with Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. Ramakant Sharma, Sr. Advocate with Mr. Tara Singh Chauhan, Advocate for respondents No. 3 to 36.
r CWP No. 273/2016.
____________________________________________________________ Sanjay Karol, Acting Chief Justice (oral) In our considered view, present petitions being CWP No. 2837 of 2017, titled Deepak Kapil and others versus State of HP and others, CWP No. 273 of 2018, titled Sanjay Sharma and others versus State of HP and others, the appeals being LPA No. 116 of 2015 titled State of HP and others versus Parveen Gupta and LPA No. 109 of 2017 titled Lekh Raj Sharma and others versus State of HP and others, can be disposed of in the light of the observations made in para 11 of the judgment rendered by a Co-ordinate Bench of this Court dated 2.6.2017 in CWP No. 1205 of 2017 titled Ravi Shankar and another ::: Downloaded on - 15/03/2018 23:02:29 :::HCHP 3 versus State of HP and another. The operative portion of the said judgment is reproduced as under.
"11.Procedurally, first provisional seniority list is prepared, which .
obviously is to be finalized after receiving objections, if any, thereto, at which stage petitioners can take resort to remedies, in accordance with law."
2. The seniority list prepared by the respondents/State, pursuant to various decisions rendered by this Court is in the nature of provisional seniority list and is yet to be finalized. In this view of the matter, it is always open for every one of the parties to raise appropriate objections, best to be considered and decided by the department, in accordance with law.
3. Under these circumstances, we direct the respondents/State to finalize the seniority list, after affording opportunity of hearing to all concerned, in accordance with law within a period of two months from today.
4. Needless to add, we have not expressed any opinion on the merit of the case.
5. With the aforesaid observations, the writ petitions as well as the LPAs are disposed of, so also pending application(s), if any.
(Sanjay Karol) Acting Chief Justice March 14, 2018. (Sandeep Sharma) (cm Thakur) Judge ::: Downloaded on - 15/03/2018 23:02:29 :::HCHP