Himachal Pradesh High Court
Nitin Thakur vs State Of H.P. And Another on 16 September, 2015
Bench: Mansoor Ahmad Mir, Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 1194 of 2014.
Date of decision: 16th September, 2015.
Nitin Thakur .....Petitioner
Versus
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State of H.P. and another ....Respondents
Coram:
The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting ?1
For the petitioner: Mr. Mohit Thakur, Advocate.
of
For the respondents: Mr. Shrawan Dogra, Advocate
General, with Mr. Anup Rattan and
Mr. Romesh Verma, Additional
Advocate Generals with Mr. J.K.
rt Verma, Deputy Advocate General.
Mansoor Ahmad Mir, Chief Justice (Oral)
This petition is detached from CWP No. 7435/ 2011 and taken up for disposal today itself.
Petitioner, by the medium of this writ petition, has prayed for the following reliefs:
"(a) To issue writ in the nature of Mandamus directing the respondents not to fill the vacant posts of Veterinary Pharmacists numbering to 81 solely by way of promotion from Class IV employees to the total exclusion of the category of the petitioner i.e. Panchayat Veterinary Sahayaks and further to till the said posts only in accordance with the Recruitment and Promotion Rules for the said posts giving due share of the said vacant posts to the category of the petitioner, i.e. panchayat Veterinary Sahayaks.1
Whether the reporters of Local Papers may be allowed to see the judgment ?.
::: Downloaded on - 15/04/2017 18:56:07 :::HCHP -2-(a) In the alternative to issue writ in the nature of mandamus directing the respondents to decide the representation Annexure P-2 pending before the respondents and further not to fill the said pvacant 81 posts of Veterinary Pharmacists till an effective decision is made on the said Representation."
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2. Respondents have filed the reply. It is apt to reproduce last para of the reply on preliminary submissions herein:
of "As far a the reservation quota of 88% for direct recruits from amongst the Panchayat Veterinary Assistants (PVA) is concerned, it is submitted that rt 1982 posts of Veterinary Pharmacists are reserved for them and presently 1886 posts were already filled up and only 96 posts from the category of direct recruits are vacant. The process to fill up these 96 posts from the category of the petitioner i.e. direct recruits is under process. In future after filling up the reservation quota meant for the respective categories, the posts of Vety Pharmacist will be filled up only after the posts are vacated by the concerned category. Therefore, there is no discrimination done to the category of the petitioner."
3. In the given circumstances, the present writ petition has become Infructuous and is dismissed as such. However, respondents to examine the representation of the petitioner Annexure P2 and make decision within six weeks from today.
::: Downloaded on - 15/04/2017 18:56:07 :::HCHP -3-4. Accordingly, the writ petition is disposed of alongwith pending applications.
(Mansoor Ahmad Mir) Chief Justice.
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September 16, 2015. (Tarlok Singh Chauhan) (cm Thakur) Judge.
of rt ::: Downloaded on - 15/04/2017 18:56:07 :::HCHP