Himachal Pradesh High Court
The State Of Hp vs State Of Himachal Pradesh And Others on 21 March, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 21st DAY OF MARCH, 2022
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.1552 of 2021
Between:-
1. THE STATE OF HP
THROUGH ITS PRINCIPAL SECRETARY (HEALTH)
TO THE GOVERNMENT OF HP, SHIMLA-2, HP
2. THE DIRECTOR HEALTH SERVICES,
HP, SHIMLA-9
......PETITIONERS
(BY MR. AJAY VAIDYA, SENIOR ADDITIONAL
ADVOCATE GENERAL)
AND
ARTI SHARMA
W/O SH. HARI OM SHARMA,
R/O HARI OM NIWAS, BELOW RAJ SADAN,
DURGA MANDIR, DHALLI, H.P.
......RESPONDENT
(BY MR. BHIM RAJ SHARMA, ADVOCATE VICE
MR. NARESH KUMAR VERMA, ADVOCATE)
This petition coming on for admission this day,
Hon'ble Mr. Justice Mohammad Rafiq, passed the following:
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-2-
ORDER
By way of the instant writ petition filed on 17.12.2020, the petitioners-State have challenged the order dated 17.05.2018 .
passed by the erstwhile learned H.P. Administrative Tribunal (in short 'Tribunal') in O.A. No.2710 of 2018, titled Arti Sharma Versus State of Himachal Pradesh and others.
2. A perusal of the impugned order indicates that the Tribunal passed the same by relying on its earlier order dated 11.01.2018, passed in T.A. No.4478 of 2015, titled Parvati Sharma and others Versus State of Himachal Pradesh and another.
3. Learned vice counsel appearing for the respondent has invited attention of the Court towards order dated 06.01.2021 passed in CWP No.5764 of 2020, titled State of H.P. & Anr. Versus Parwati Sharma & Ors., vide which the writ petition filed by the petitioners-State against the order of the Tribunal in Parvati Sharma's case was dismissed on the ground of delay and laches. It is also contended that the petitioners-State filed a Special Leave to Appeal No.6453/2021 before the Hon'ble Supreme Court against the judgment of the Division Bench of this Court, but the same was dismissed vide order dated 28.06.2021.
::: Downloaded on - 22/03/2022 20:10:50 :::CIS -3-4. Mr. Ajay Vaidya, learned Senior Additional Advocate General contended that the writ petition in the case of Parwati Sharma was not dismissed on merits, but on delay and laches and .
the delay in the present case is not as much as in the case of Parwati Sharma.
5. We have examined the matter on that aspect as well.
The order in the case of Parvati Sharma was delivered by the Tribunal on 11.01.2018 and the writ petition against the aforesaid order was filed before this Court on 18.12.2020. The Co-ordinate Bench of this Court, relying upon the orders of the Hon'ble Supreme Court in Special Leave Petition (Civil) No.13348 of 2020, titled The State of Madhya Pradesh & Anr. vs. Chaitram Maywade, decided on 27.10.2020, Special Leave Petition (Civil) Diary No(s).971/2020, titled The State of Uttar Pradesh & Anr. vs. Prem Chandra, decided on 27.11.2020 and SLP(C) Diary No(s).19059 of 2020, titled Deputy Conservator of Forests vs. Timblo Irmaos Ltd. & Ors., decided on 18.12.2020, held that the delay on the part of the Government vis-à-vis the delay on the part of the private parties cannot be distinguished in the matter of belatedly approaching the Court without sufficient cause.
::: Downloaded on - 22/03/2022 20:10:50 :::CIS -4-The order passed by the Tribunal, which is impugned herein, was passed on 17.05.2018, relying on its earlier order dated 11.01.2018 passed in Parvati Sharma's case. The writ petition .
against the aforesaid order of the Tribunal in Parvati Sharma's case was filed belatedly before this Court on 18.12.2020. Even though the learned Senior Additional Advocate General pressed on the merits of the matter, but was not in a position to differentiate the reasons for delay that why the writ petition was not filed immediately. The present petition is also dismissed for the same reasons, on which the writ petition in the case of Parvati Sharma, was dismissed.
Pending miscellaneous application(s), if any, also stand disposed of.
( Mohammad Rafiq )
Chief Justice
( Jyotsna Rewal Dua )
March 21, 2022 Judge
R. Atal/Mukesh
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