Date Of Decision: August 06 vs State Of Himachal Pradesh & Ors
2021 Latest Caselaw 3703 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

.

LPA No. 10 of 2021

Date of decision: August 06, 2021.

    Ram Gopal                                                  .....Appellant.





                                      Versus
    State of Himachal Pradesh & ors.                                     .....Respondents.

    Coram

The Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge Whether approved for reporting?

For the appellant : Mr. Daleep Singh Kaith, Advocate.

For the respondents : Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Additional Advocate General & Ms. Seema Sharma, Deputy Advocate General.

(Through video conferencing)

Ravi Malimath, Acting Chief Justice (Oral)

Aggrieved by the order dated 21.09.2020, passed by

the learned Single Judge in CWPOA No. 2169 of 2019, titled Ram

Gopal versus State of Himachal Pradesh & others, dismissing the

writ petition, the petitioner is in appeal. Learned counsel for the

appellant submits that the order passed by the learned Single Judge

is erroneous. That the learned Single Judge failed to consider the

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

material produced by him. It is his specific case that substantive

material has been placed before the learned Single Judge in the

.

rejoinder. However, the learned Single Judge in para-9 of the

aforesaid order came to the conclusion that the petitioner could not

point out any instance whereby a person similarly situated as the

petitioner was ordered to be regularized post completion of eight

years of service.

2. If this is the contention of the petitioner, he has an

appropriate remedy to file a review. It cannot constitute a ground to

maintain an appeal. Even otherwise, on merits, we find no ground

to interfere with the well considered order passed by the learned

Single Judge. The order has been passed taking into account the

facts of the case as well as the relevant law.

3. We find no error that calls for any interference.

Consequently, the appeal being devoid of merit, is dismissed.

Pending miscellaneous application is also disposed off.

( Ravi Malimath ) Acting Chief Justice

( Jyotsna Rewal Dua ) Judge 6th August, 2021 (vs/rohit)