Himachal Pradesh High Court
State Of H.P. And Others vs Prem Sagar on 1 November, 2018
Bench: Surya Kant, Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 2437/2018-D
.
Date of decision: November 01, 2018
State of H.P. and others ....Petitioners
Versus
Prem Sagar ....Respondent
Coram:
The Hon'ble Mr. Justice Surya Kant, Chief Justice.
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the petitioners : Mr. Ashok Sharma, Advocate General
with M/s J.K.Verma and Adarsh
Sharma, Additional Advocate Generals.
For the respondent : None.
Surya Kant, Chief Justice. (Oral)
The impugned order dated 10.08.2017 in O.A.(M) No.355/2016 has been passed by the Himachal Pradesh Administrative Tribunal on the basis of consent statement given by learned Additional Advocate General to the effect that the factual aspects will be verified and if the claim of the Applicant would be found similar to that of Sh. Gian Singh in CWP No. 7140/2012, decided by this Court on 24.09.2014, in that event, he shall be extended the benefit in terms of the said judgment.
1Whether the reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 06/11/2018 22:56:37 :::HCHP 22. In our considered view, the State Counsel having given .
consent before the Tribunal, the Petitioner(s) cannot assail the said order of the Tribunal. Suffice to observe that if the statement was made erroneously or contrary to the record, the appropriate recourse for the Petitioners would be to file a review application before the Tribunal. In case, such a review application is filed, we request the Himachal Pradesh Administrative Tribunal to consider the accompanying application for condonation of delay sympathetically.
3. The writ petition is disposed of accordingly, so also pending application(s) if any.
Copy dasti.
(Surya Kant), Chief Justice (Ajay Mohan Goel), Judge.
November 1, 2018 (rana) ::: Downloaded on - 06/11/2018 22:56:37 :::HCHP