Shri Tulsi Ram vs Unknown
2021 Latest Caselaw 4014 HP

       IN      THE      HIGH      COURT OF         HIMACHAL            PRADESH,
                                        SHIMLA
                      ON THE 19th DAY OF AUGUST, 2021




                                                                      .
                                        BEFORE





                 HON'BLE MR. JUSTICE AJAY MOHAN GOEL

                   EXECUTION PETITION NO.91 OF 2021





    BETWEEN:

    AJIT SINGH DIWAN, SON OF





    SHRI TULSI RAM, AGED 73
    YEARS,    RESIDENT     OF
    VILLAGE TULSI NIWAS, BASU
    KATUR,   MEHRE,    TEHSIL
    BARSAR,          DISTRICT
    HAMIRPUR, H.P.


                                                                    ....PETITIONER.

    (BY MR. BHUVNESH SHARMA, MR. RAMAKANT SHARMA AND
    MR. JAI RAM SHARMA, ADVOCATES)


    AND
    1.    THE    SECRETARY
    EDUCATION,   GOVT.   OF




    HIMACHAL       PRADESH,
    SHIMLA.
    2.   DIRECTOR    HIGHER





    EDUCATIN,     HIMACHAL
    PRADESH,        LALPANI,
    SHIMLA.





                                                     ....RESPONDENTS/STATE.
    (BY MR. ASHOK SHARMA, ADVOCATE GENERAL, WITH
    MR. ADARSH SHARMA, MR. SUMESH RAJ,MR. SANJEEV
    SOOD, ADDITIONAL ADVOCATES GENERAL AND WITH MR.
    J.S. GULERIA, DEPUTY ADVOCATE GENERAL)

    Whether approved for reporting?1No
            This Petition coming on for orders this day, the Court passed the following:




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                               JUDGMENT

The primary grievance of the petitioner is with regard to

.

the non consideration of his name for promotion from the post of

TGT (Trained Graduate Teacher), Arts, to the post of TGT, Sociology,

for which promotion the petitioner is eligible, though his juniors

have been considered for promotion to the said post.

2. In the considered view of the Court, this grievance

cannot be redressed by way of the present Execution Petition as the

order which was passed in the Original Application, filed by the

present petitioner before learned erstwhile Himachal Pradesh

Administrative Tribunal, i.e. O.A.No.7423 of 2018, titled as Ajit

Singh Diwan Versus State of Himachal Pradesh and another,

decided on 08.01.2019, was to consider his case and confer upon

him the benefits in terms of the judgment passed in CWP(T) No.8920

of 2008, titled as Himachal Pradesh Rajkiya Padonnat Prashikshit

Santak Adhyapak Sangh and others Versus State of Himachal

Pradesh & others, decided on 21.12.2010, which judgment in fact

dealt with the issue of promotion of the members of the petitioner-

union therein from the post of JBT to the post of TGT intra 25%

quota belonging to that particular criteria.

3. Faced with the situation, learned counsel for the

petitioner submits that he may be permitted to withdraw this

petition, but with liberty to initiate appropriate legal proceedings

including writ for the redressal of his above grievance.

.

4. Petition is permitted to be withdrawn, with liberty as

prayed for. Petition stands disposed of, so also pending

miscellaneous applications, if any.

    August 19, 2021                                          (Ajay Mohan Goel)
                                                                    Judge





         (rishi)