Himachal Pradesh High Court
H.P. Khadi & Village Industries Board vs Sh. Haria Ram And Others on 28 October, 2015
Bench: Chief Justice, Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
LPA No. 495 of 2012 a/w LPAs
No. 4018 of 2013 and 125 of 2015.
Date of decision: 28 th October, 2015.
.
LPA No. 495/2012.
H.P. Khadi & Village Industries Board
........Appellant
Versus
Sh. Haria Ram and others ...Respondents.
LPA No. 4018/2013.
State of HP and others
........Appellant
of
Versus
Surinder Kumar Sood ...Respondent.
LPA No. 125/2015.
State of HP and another
rt ........Appellant
Versus
HP PWD Store Clerk Association ...Respondent.
Coram:
The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
1
Whether approved for reporting ? Yes.
For the appellant(s) : Mr.Shrawan Dogra, Advocate
General, with M/s V.S.
Chauhan, Addl. AG, J.K.
Verma, Deputy Advocate
General and Ramesh Thakur,
Assistant Advocate General for
the appellants in LPAs No.
125/2015 and LPA No. 4018 of
2013.
Ms. Rita Goswami, Advocate,
for the appellant in LPA No. 495
of 2012.
1
Whether the reporters of Local Papers may be allowed to see the judgment ?.
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For the respondent(s): Ms. Ranjana Parmar, Sr.
Advocate with Ms. Komal
Kumari, Advocate, for
respondents in LPA No. 495 of
2012.
Mr. P.P. Chauhan, Advocate,
.
for the respondent in LPA No.
125 of 2015.
Mr. A.K. Gupta, Advocate, forf
respondent in LPA No.
4018/2013.
_________________________________________________
of
Mansoor Ahmad Mir, Chief Justice (Oral)
LPA No. 495 of 2012 is directed against the rt judgment dated 21.8.2012, passed in CWP No. 1328/2012, LPA No.4018/2012, is directed against the judgment dated 27.12.2012 , passed in CWP No. 2867 of 2012 and LPA No. 125 of 2015 is directed against the judgment dated 13.5.2014, passed in CWP No. 1871 of 2012, by the learned Single Judge of this Court, whereby the respondents were directed to frame a Policy/Scheme.
2. It is apt to reproduce paras 4 of the impugned judgment made in CWP No. 1328 of 2012 dated 21.8.2012, subject matter of LPA No. 495 of 2012 herein.
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"4.In view of the definitive law laid down by their Lordships in (2008) 5 SCC 1000 (supra), the respondents are directed to frame a scheme within a period of 8 weeks from today to provide promotional avenues to the petitioners and .
similarly situate persons."
3. It is moot question whether the Court can issue writ of mandamus commanding/directing the State or the other instrumentalities to frame a Policy/ of Scheme. However, the learned counsel for the writ petitioners respondents herein have relied upon the rt judgments delivered by the apex Court in Raghunath Prasad Singh versus Secretary Home (Police) Department government of Bihar and others reported in 1988 (Supp) SCC 519, Council of Scientific and Industrial Research and another versus KGS Bhatt and another reported in (1989) 4 SCC 635, State of Tripura and others versus K.K. Roy reported in (2004) 9 SCC 65, Food Corporation of India and others versus Parashotam Das Bansal and others reported in (2008) 5 SCC 100 and A. Satyanarayana and others versus S. Purushotham and others reported in (2008) 5 SCC
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4. In the given circumstances, at the best the Court can direct the State to consider for framing a Policy or Scheme and cannot direct the State to frame .
a Scheme or Policy.
5. Having said so, the impugned judgments are modified by providing the respondents to consider the framing of the policy within the stipulated period, as of early as possible, preferably within 12 weeks from today.
6. rt Accordingly, the LPAs are disposed of along with pending applications, if any, and the impugned judgments are modified as indicated hereinabove.
(Mansoor Ahmad Mir) Chief Justice.
October 28, 2015. (Tarlok Singh Chauhan) (cm Thakur) Judge.
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