Himachal Pradesh High Court
Kuldeep Singh & Others vs State Of H.P. & Another on 23 October, 2019
Bench: L. Narayana Swamy, Dharam Chand Chaudhary
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 3043 of 2019
Date of decision: 23.10.2019
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Kuldeep Singh & others .....Petitioners
Versus
State of H.P. & another ...Respondents
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Coram:
The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice
The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
Whether approved for reporting?1
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For the petitioners : Mr.Ankush Dass Sood, Senior Advocate
with Mr. Rakesh Chauhan, Advocate.
For the respondents: Mr. Ashok Sharma, Advocate General
r with M/s J.K. Verma, Ritta Goswami,
Adarsh Sharma and Nand Lal Thakur,
Additional Advocate Generals.
L. Narayana Swamy, Chief Justice (Oral)
The petitioners had approached the Himachal Pradesh Administrative Tribunal by way of Original Application No. 718 of 2018, seeking their promotion to the post of Head Warder.
During the pendency of the Original Application, the respondents issued Notification dated 25th February, 2019 (Annexure P-6) withdrawing the previous Instruction dated 30th January, 2018.
Now, the respondents are going to hold DPC and promote others candidates without considering the petitioners. Hence, they have preferred this writ petition seeking following reliefs:
"(i) Quash and set aside the seniority list dated 20.02.2018 contained in Annexure P-5 1 Whether the reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 25/10/2019 20:24:53 :::HCHP -2-
being arbitrary, malafide and illegal and demote the persons who got benefit/promotion on the basis of Annexure .
P-4.
(ii) Stayed the proceeding in the DPC to be held by the department till the final outcome of the present petition for the post of head warders and assistant superintendent jail (ASJ).
(iii) Direct the respondent department to reframe and finalize the seniority list on the basis of notification dated 25.02.2019 r Annexure P-6.
(iv) That or in the alternative direct the respondent to decide the representation of the petitioner on merit made on dated 02- 09-2019 after withdrawal of Original Application on the basis of notification dated 25-02-2019 and till such decision is taken restrain the respondents from conducting the DPC on the basis of revised seniority which is in conflict of the decision taken by the government.
(v) Direct the respondents to allow the benefit
of seniority under Rule 5(1) of the
Demobilized Armed Forces Personnel
(Reservation of Vacancies in Himachal State Non-Technical Services) Rules, 1972 with all consequential benefits including arrears of salary etc. alongwith interest."
::: Downloaded on - 25/10/2019 20:24:53 :::HCHP -3-2. After arguing for a while, learned Counsel for the petitioners submits that the petitioners confine their claim to Prayer .
No. 4, directing the respondents to dispose of their representation(s) made on 02.09.2019, wherein they have made a prayer for their promotion. He further argued that the respondents withdrew Instructions dated 30.01.2018 during pendency of the Original Application before the Tribunal on the ground that they will consider the case(s) of the petitioners on the basis of Notification dated 25.02.2019.
3. Learned Counsel for the respondents submitted that if the petitioners confine their claim to Prayer No. 4, then this petition may be disposed of directing the respondents to consider the representation(s) made by the petitioners on 02.09.2019.
4. We have heard learned Counsel for the parties.
5. During the pendency of the Original Application before the Tribunal, the respondents withdrew Instructions dated 30.01.2018 and it was submitted before the Tribunal on behalf of the respondents-State that the case(s) of the petitioner(s) will be considered as per Notification dated 25.02.2019. When such submission was made on behalf of the respondents-State before the Tribunal, then consideration should have been made strictly in accordance with Notification dated 25.02.2019 ::: Downloaded on - 25/10/2019 20:24:53 :::HCHP -4-
6. Under these circumstances, we are inclined to dispose of this writ petition directing the respondents to consider the .
representation(s) made by the petitioner(s) on 02.09.2019 as per Notification dated 25.02.2019 and pass appropriate orders within two months from today. Ordered accordingly.
7. It is made clear that till the representation(s) of the petitioners is/are decided by the respondents, the petitioners shall not be superseded.
8. In view of the above observations, this writ petition is disposed of alongwith pending application(s), if any.
Copy dasti.
(L. Narayana Swamy) Chief Justice.
October 23, 2019 (Dharam Chand Chaudhary)
(hemlata) Judge.
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