Pawan Kumar vs Hrtc & Others
2021 Latest Caselaw 1685 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CWP No. 5611 of 2020.

Decided on : 5th March, 2021.

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    Pawan Kumar                                                                 ...Petitioner.
                                         Versus





    HRTC & others                                                    ....Respondents.

    Coram:

The Hon'ble Mr. Justice Sureshwar Thakur, Judge.

The Hon'ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?1 Yes.

For the Petitioner: Mr. Devender Sharma, Advocate vice

Mr. C.N. Singh, Advocate.

For the Respondents: Mr. Vikas Rajpur, Advocate.

Sureshwar Thakur, Judge (Oral) .

Heard. The writ petitioner, claims making, of, an order,

of, compassionate appointment on a regular basis, upon him, hence

upon, occurrence of demise, in harness of, his predecessor-in-

interest. The predecessor-in-interest of the petitioner died in

harness on 5.9.2007. The afore was working, as, a Carpenter, on a

regular basis, with the respondents.

2. Though, the respondents, proceeded to accept the

strivings of the writ petitioner. However, as unfolded by the letter of

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

...2...

appointment, issued, upon him, they proceeded to appoint him on a

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piecemeal basis, and, also on an out source basis.

3. The afore unfolding(s), occurring in the appointment

letter, issued to the petitioner by the respondents, does violate, the

principles of law expostulated, in a verdict rendered by the Hon'ble

Apex Court in Civil Appeal Nos. 1557 to 1564 of 2019, titled as

Himachal Road Transport Corporation vs. Lekh Ram etc. , copy

thereof, becomes appended with the extant writ petition, as,

Annexure P-7, (i) wherein a deprecatory mandate becomes

pronounced against the employer, in the latter hence appointing on

a compassionate basis, rather the claimants concerned, other than on

a substantive/regular basis, and, on a substantive post.

Consequently, since in breach thereof, the respondents recoursed to

rather, than appoint, the petitioner, on a substantive basis or as a

regular hand, especially, when his predecessor-in-interest, was

occupying a substantive post on a regular basis, hence appoint him

in a discountenanced un-like thereof manner. Accordingly, the

extant writ petition is disposed of, and, the respondents are directed,

to complete, all the requisite formalities within six weeks from today,

and, thereafter hence issue an appointment letter to the petitioner,

...3...

hence, appointing him, on a substantive basis, and, as a regular

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incumbent against the substantive post concerned. All pending

applications also stand disposed of.

Copy dasti.

(Sureshwar Thakur)

Judge

(Sandeep Sharma)

Judge.

5th March, 2021.

(jai)