Shiv Charan vs State Of H.P. & Others

Citation : 2023 Latest Caselaw 13361 HP
Judgement Date : 12 September, 2023

Himachal Pradesh High Court
Shiv Charan vs State Of H.P. & Others on 12 September, 2023
Bench: Vivek Singh Thakur, Bipin Chander Negi
                                                   1




                 IN THE HIGH COURT OF HIMACHAL PRADESH
                                 SHIMLA

                                       CWPOA No. 5038 of 2020




                                                                              .
                                       Date of Decision: September 12, 2023





    Shiv Charan                                                       ...Petitioner

                                                Versus





    State of H.P. & others                                             .....Respondents.
    Coram:
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    The Hon'ble Mr.Justice Bipin Chander Negi, Judge.





    Whether approved for reporting?1

    For the Petitioner:                Ms. Tamanna Sharma, Advocate vice Mr. Kunal
                         r             Verma, Advocate.

    For the Respondents:               Mr. Anup Rattan, Advocate General with
                                       Mr.Manoj Chauhan, Additional Advocate

                                       General.

    Vivek Singh Thakur, J (oral)

Petitioner has approached this Court, mainly seeking following relief:-

"7(a) That applicant amended seniority may be maintained i.e. 1940-T instead of 2565-P New Seniority as Showing on this basis is No. 12894-Z8 as marked in Sr. No. 82 of the impugned order dated 27.07.2018. The applicant's seniority and eligibility may be counted for further promotions by virtue of the notification dated 09th December, 1999 issued by the Government of Himachal Pradesh the post of the applicant in Army Education Corps has been equated & then adopted the trade by the State Govt. itself Instructor AEC Special which is equivalent to TGT. The said notification is annexed as Annexure A-5."

2 Today, learned Additional Advocate General has placed on record the copy of Corrigendum dated 2 nd September, 2023, which reads as under:-

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Whether reporters of the local papers may be allowed to see the judgment?

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"CORRIGENDUM Please read seniority number "1940-T" instead of seniority number "2565-P" appeared at Sr. No. 82 seniority number .
2565-P in the restored seniority list of Ex-Service-men (TGT's) which has been circulated/up-loaded in Departmental website vide this Directorate letter of number EDN-H(2)B(9)- Ex-man-Sty.-5/2018(SLP-8710/09) dated 09.08.2019 vide which Final Seniority Numbers of 120 Ex-Servicemen TGT's were restored as on 29.12.2008. Other terms and conditions shall remain unchanged."

3 In view of above, it is apparent from the Corrigendum, placed on record, that seniority number of petitioner stands corrected, which has been sought by him by filing present petition.

4 Therefore, present petition is disposed of with observation that petitioner shall also be entitled for all consequential benefits on the basis of his corrected seniority, if any, and same shall be extended to him within three months from today, if not already extended.

All pending miscellaneous application(s), if any, stand disposed of in aforesaid terms.

(Vivek Singh Thakur), Judge.






    September 12, 2023                               (Bipin Chander Negi)
           (ms)                                             Judge




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