Inder Singh vs State Of Himachal Pradesh & Others
2021 Latest Caselaw 1961 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                         .
                                           CWP No.3539 of 2019





                                           Decided on: 10.03.2021

    Inder Singh                                                      ....Petitioner.





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

    Coram




    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1 No
    For the petitioner : Ms. Shashi Kiran, Advocate.

    For the respondents : Mr. Sumesh Raj, Mr. Dinesh Thakur,
                          Mr. Sanjeev Sood, Additional Advocates

                          General, with Ms. Divya Sood, Mr. K.K.
                          Chaudhary, Deputy Advocates General,
                          for the respondents No.1 to 4.


                          None for respondent No.5.

    Ajay Mohan Goel, Judge (Oral)

On the last date of hearing, following order was

passed:-

"By way of this writ petition, petitioner has prayed for the following relief:-

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

"1.That a direction may be issued to the respondents especially respondents No.4 and 5 to reengage the

.

services of petitioner as Drawing Master in Government

Middle School Indoli, on PTA/SMC basis."

It is not in dispute that earlier also the petitioner had approached this Court, praying for similar relief by way of CWP No.1831 of 2018, titled as Shri Inder Singh Versus State of Himachal Pradesh & ors, and said writ

petition was disposed of by this Court vide judgment dated 17.12.2018 (Annexure P-5), in the following terms:- "The respondent-State has filed reply and has also

clarified that the claim of the petitioner herein is covered by the judgment of this Court in CWP No.2549 of 2015, titled Hem Raj Versus State of H.P. and CWP No.2259 of

2017, titled Rajeshwari Devi Versus Stat of H.P., Annexure P-5 (colly).

2. Being so, nothing is left to be adjudicated in this

petition on merits and the same is accordingly disposed of

with a direction to the respondents-State to release the Grant-in-Aid in favour of the petitioner up to date within

two months from today and directed to continue to release the same in his favour in future also.

3. Pending application(s), if any, shall also stand disposed of."

In the abovementioned judgment, no order of reinstatement was passed by this Court in favour of the

petitioner despite a relief in this regard having been prayed for by the petitioner.

.

In these circumstances, in the considered view of

the Court, this petition is not maintainable as it is hit by the principle of constructive resjudicata.

On the request of learned counsel for the petitioner, the matter is ordered to be listed on 10.03.2021, to enable her to have instructions."

2. Today, learned counsel for the petitioner submits

that she has instruction to withdraw this petition, but with

liberty reserved to the petitioner to approach the

competent authority in case he so desires.

3. Petition is permitted to be withdrawn, with

liberty as prayed for. Pending miscellaneous applications,

if any, also stands disposed of.

(Ajay Mohan Goel) Judge

March 10,2021 (Rishi)