Nikhil Kumar vs State Of Himachal Pradesh And ...

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2749 of 2023 Date of Decision: October 4, 2023 _______________________________________________________ .

    Nikhil Kumar                                                                   .......Petitioner





                                   Versus
    State of Himachal Pradesh and others                                        ... Respondents
    Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ashwani Chawla, Advocate. For the Respondent: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan & Ms. Sunaina, Deputy Advocates General.

_______________________________________________________ Sandeep Sharma, Judge(oral):

Parties are ad-idem that issue raised in the instant petition stands already adjudicated by this Court vide judgment dated 5.09.2023 passed in CWP No.1802 of 2023, titled Gian Chand vs. State of H.P. and others alongwith connected matters, wherein this Court having taken note of the fact that petitioners in the aforesaid cases stood offered appointment against the post in question prior to issuance of communication dated 12.12.2022, whereby direction came to be issued to all the Departments, Government of Himachal Pradesh to keep undergoing recruitment processes in abeyance till further orders, ordered that directions/instructions contained in communication dated 12.12.2022 shall apply only to those cases where recruitment process is/was underway. Since it is not in dispute 1 Whether the reporters of the local papers may be allowed to see the judgment?

that in case at hand, petitioner herein had participated in the selection process initiated before issuance of aforesaid communication dated 12.12.2022 and after declaration of result, he also stood offered .

appointment before issuance of aforesaid communication, prayer made in the instant petition deserves to be allowed in terms of the mandate given by this Court in the aforesaid judgment.

2. Having carefully perused the aforesaid judgment rendered by this Court in Gian Chand case (supra), learned Additional

3.

r to Advocate General fairly acknowledges factum with regard to application of the same in the case of the petitioner.

Consequently, In view of the above, the directions contained in the aforesaid judgment rendered by this Court in Gian Chand case (supra) are ordered to be made mutatis mutandis applicable in the present case for all intents and purposes. While accepting joining in terms of instant order, authority concerned may also take note of judgment dated 9th November, 2022 passed by Hon'ble High Court of Delhi in case tilted Arun Kumar vs. Union of India and others.

In the aforesaid terms, present petition is disposed of alongwith pending application(s), if any.

(Sandeep Sharma), Judge October 4, 2023 (vikrant) ::: Downloaded on - 04/10/2023 20:36:43 :::CIS