Iph Sub­Division Balwan vs The State Of H.P. And Others
2021 Latest Caselaw 5001 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 20th DAY OF OCTOBER, 2021




                                                      .
                            BEFORE





           HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,

                        CHIEF JUSTICE





                               &

                  HON'BLE MS. JUSTICE SABINA





             CIVIL WRIT PETITION No. 6500 of 2021

          Between:

          SHRI HARDEEP KUMAR,

          S/O SHRI HUKAM CHAND,
          AGED 37 YEARS,
          R/O VILLAGE SAMILA,


          POST OFFICE NARAG,
          TEHSIL BHALDWARA,
          DISTRICT MANDI, (HP),




          PRESENTLY WORKING AS
          PUMP OPERATOR IN





          IPH SUB­DIVISION BALWAN,
          DIVISION SARKAGHAT,
          CIRCLE DHARAMPUR,





          DISTRICT MANDI (H.P.)
                                                  ...PETITIONER

          (BY MR. ONKAR JAIRATH,
          ADVOCATE)

          AND

     1.   THE STATE OF H.P.
          THROUGH ADDITIONAL




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          CHIEF SECRETARY
          (JAL SHAKTI VIIBHAG)
          TO THE GOVERNMENT
          OF HIMACHAL PRADESH,




                                                         .
          SHIMLA­2





    2.    THE ENGINEER­IN­CHIEF,





          JAL SHAKTI VIBHAG,
          JAL SHAKTI BHAWAN,
          SHIMLA­5.





    3.    THE HIMACHAL PRADESH
          STAFF SELECTION COMMISSION
          HAMIRPUR,
          DISTRICT HAMIRPUR,

          HIMACHAL PRADESH­177 001,

          THROUGH ITS SECRETARY.
                                                   ...RESPONDENTS
          (MR. ASHOK SHARMA,
          ADVOCATE GENERAL,



          WITH MS. RITTA GOSWAMI
          & MR. VIKAS RATHORE,
          ADDITIONAL ADVOCATES




          GENERAL AND MS. SEEMA
          SHARMA, DEPUTY ADVOCATE





          GENERAL, FOR R­1 & 2,)





          (MR. SANJEEV KUMAR MOTTA,
          ADVOCATE, FOR R­3)




             This Civil Writ Petition coming on for admission this

    day, Hon'ble Mr. Justice Mohammad Rafiq, passed the

    following:




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                                 ORDER

This writ petition has been filed by Hardeep Kumar

.

challenging the order, dated 17th September, 2021 (Annexure P­5)

by which the services of 35 candidates selected on the post of

Junior Technician (Pump Operators) have been sought to be

terminated.

2. Learned counsel for the petitioner, at the outset, invited

the attention of the Court towards the order passed by this Court

on 1st October, 2021, in CWP No. 5773 of 2021, titled as Shri

Sarvesh Kumar and others versus The State of H.P. and others,

and submitted that a similar direction be issued in the case of the

petitioner as well, who could not join the petitioners in that

matter, requiring the respondents to consider the case of the

petitioner in the light of the judgment of Hon'ble Supreme Court

in Civil Appeal Nos. 429­430 of 2021, titled as Anmol Kumar

Tiwari & others versus the State of Jharkhand & others, and also

in view of the fact that there are various vacancies available

wherein the petitioner could be accommodated, keeping in view

the fact that he has already completed more than three years of

service.

3. Having regard to the limited nature of prayer, we

dispose of this writ petition by providing that the terms and

.

directions, as contained in the aforesaid order, dated 1st October,

2021, shall mutatis mutandis apply to the case of the petitioner as

well and the respondents shall consider the case of the petitioner

in accordance with the aforesaid order and do the needful within a

period of four weeks. Till then, the petitioner shall not be

removed from service.r

4. Pending miscellaneous applications, if any, shall also

stand disposed of.

Copy dasti.

( Mohammad Rafiq ) Chief Justice

( Sabina )

Judge October 20, 2021 ( rajni )