Indian Kanoon - Search engine for Indian Law

Himachal Pradesh High Court

The State Of H.P. & Others vs Netar Singh & Others on 19 July, 2023

Bench: M.S. Ramachandra Rao, Ajay Mohan Goel

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                              LPA No.73 of 2023




                                                               .
                                              Decided on: 19.07.2023





          The State of H.P. & others                       ...Appellants





                                  Versus
          Netar Singh & others                              ...Respondents
    Coram





    The Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice
    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge
    Whether approved for reporting?
    For the appellants:      Mr. Anup Rattan, Advocate General with

                            Mr. Navlesh Verma, Mr. Pranay Pratap

                            Singh, Additional Advocates General and
                            Mr. Gautam Sood, Mr. Sidharth Jalta,
                            Mr.Arsh Rattan, Deputy Advocates
                            General.



    For the respondents:      Mr. A.K. Gupta,              Advocate,          for
                              respondent no.1.




    M.S. Ramachandra Rao, Chief Justice (Oral)

This LPA is preferred against the judgment dt. 30 th June, 2021 in CWPOA No.7684 of 2019.

2. Respondent no.1 filed the said case before the then Administrative Tribunal seeking promotion to the Grade of Work Inspector from the due date with all benefits incidental thereof i.e. date from which his juniors respondents no.4 and 5 have been promoted.

3. Reply was filed by the appellants before the learned Single Judge admitting the mistake in showing respondent no.1 as .

junior to respondents no.4 and 5.

4. On the basis of said admission, the writ petition was allowed and the direction was given to the appellants to undertake the process for rectifying the mistake and promote respondent no.1 from 18.02.2010, the date from which his juniors had been promoted with all consequential benefits including seniority and monetary benefits on or before 31.08.2021. It was further directed that arrears shall also be paid on or before 30.09.2021 and in default interest @ 6% per annum was also awarded.

5. Assailing the same, this LPA has been filed by the appellants.

6. Though learned counsel for the appellant sought to contend that the judgment of the learned Single Judge is erroneous, we are of the opinion that when the appellants filed a reply before the learned Single Judge in the CWPOA admitting that they had made a mistake in showing respondent no.1 as junior to respondents no.4 and 5, and the learned Single Judge had relied on the same and granted relief to the respondent no.1, they cannot ::: Downloaded on - 20/07/2023 20:38:31 :::CIS 3 challenge the judgment of the learned Single Judge. Therefore, this LPA is wholly misconceived and is accordingly dismissed.

.

7. Pending application(s), if any, shall also stand disposed of.

( M.S. Ramachandra Rao ) Chief Justice ( Ajay Mohan Goel ) Judge July 19, 2023 (vt) ::: Downloaded on - 20/07/2023 20:38:31 :::CIS