Himachal Pradesh High Court
Between:- R To vs Atul Pundir on 15 July, 2022
Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 15th DAY OF JULY, 2022
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
REVIEW PETITION NO. 105 OF 2022
1.
Between:- r to
STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (FINANCE) TO THE
GOVT. OF HIMACHAL PRADESH,
SHIMLA-171002.
2. THE PRINCIPAL SECRETARY
(RURAL DEVELOPMENT) TO THE
GOVT. OF HIMACHAL PRADESH,
SHIMLA-171 002.
...PETITIONERS
(BY SH. ASHOK SHARMA, A.G. WITH
SH. RAJINDER DOGRA, SR. ADDL.
A.G. AND SH. RAJAT CHAUHAN, LAW
OFFICER).
AND
1. ATUL PUNDIR S/O LATE SH.
SUNDER SINGH, R/O VILL. SER
BHARAL, P.O. SARAHAN, TEHSIL
PACHHAD, DISTT. SIRMAUR,
H.P.-173021 (DOB 20.06.1963),
PRESENTLY WORKING AS
BLOCK DEVELOPMENT OFFICER
AT DEVELOPMETN BLOCK
HAROLI, DISTT. UNA, H.P. ON
SECONDMENT BASIS SINCE
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2
03.09.2019 AND ON REGULAR
BASIS W.E.F. 26.06.2020
.
2. SH. KARAM SINGH NARYAL S/O
LATE SH. DUNNI CHAND, R/O
VILL. CHHARMARI, P.O.
CHOWARI, TEHSIL BHATTIYAT,
DISTT. CHAMBA, H.P.-176302
(DOB08.07.1964, INITIALLY
WORKED AS BLOCK
DEVELOPMENT OFFICER AT
DEVELOPMENT BLOCK NURPUR
ON SECONDMENTBASIS W.E.F.
04.09.2019 TILL 12.06.2020
AND PRESENTLY WORKING AS
BDO ON REGULAR BASIS W.E.F.
26.06.2020 AT DEVELOPMENT
BLOCK INDORA.
3. SH. DHANPAT RAI, S/O SH. DIL
SUKH, R/O VILL. BINNI, P.O.
KHANDRAGI, TEHSIL BANJAR,
DISTT. KULLU, (H.P.)-175123
(DOB 08.05.1966). PRESENTLY
WORKING AS BLOCK
DEVELOPMENT AT
DEVELOPMENT BLOCK OFFICER
BALH, DISTT. MANDI, H.P. ON
SECONDMENT BASIS W.E.F.
15.10.2019 AND ON REGULAR
BASIS W.E.F. 20.06.2020.
4. SH. ANIL KUMAR KAKKAR, S/O
LATE SH. MATHURA DASS
KAKKAR, R/O VILL. & P.O.
RAJGARH, TEHSIL RAJGARH,
DISTT. SIRMAUR, (H.P.) (DOB
20.08.1962). PRESENTLY
WORKING AS BLOCK
DEVELOPMENT OFFICER AT
DEVELOPMENT BLOCK SHRI
NAINA DEVI JI AT SWARGHAT,
DISTT. BILASPUR, H.P. ON
SECONDMENT BASIS W.E.F.
05.09.2019 AND ON REGULAR
BASIS W.E.F. 26.06.2020.
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3
5. SMT. REETA RANI @ REETA
MAHINDROO W/O SH. SUSHIL
KUMAR MOHINDROO, R/O
.
MAHINDROO NIWAS, MAIN
BAZAR KANDAGHAT, DISTT.
SOLAN (H.P.) (DOB 11.05.1963),
WORKING AS ASSISTANT
DIRECTOR (MGNREGA) W.E.F.
03.09.2019 TO 03.10.2019 AT
STATE HEADQUARTER
(DIRECTORATE) RDD H.P.
SHMLA & W.E.F. 04.10.2019 AT
DRDA, SOLAN, H.P. AND ON
REGULAR BASIS W.E.F.
26.06.2020.
6. SH. KEDAR NATH S/O LATE SH.
HARSU, R/O VILL. BEHTIYINI,
P.O. CHILAL, TEHSIL CHIRGAON,
DISTT. SHIMLA, (H.P.) - 171208
(DOB 04.10.1966). PRESENTLY
WORKING AS BLOCK
DEVELOPMENT OFFICER AT
DEVELOPMENT BLOCK BIJHARI,
DISTT. HAMIRPUR, H.P. ON
SECONDMENT BASIS W.E.F.
05.09.2019 AND ON REGULAR
BASIS W.E.F. 26.06.2020 AT
DEV. BLOCK ROHRU.
...RESPONDENTS
(MS. RUMA KAUSHIK,
ADVOCATE).
This Petition coming on for orders this day, Hon'ble Mr. Justice
Tarlok Singh Chauhan, passed the following:-
ORDER
The perusal of review petition would go to show that
even though the Law Department has advised that no fruitful
purpose would be achieved by assailing the impugned order by
way of Review Petition or Special Leave Petition, however, the
Department on its own after taking into consideration the so
called huge financial implications has filed the instant review
.
petition.
2. That apart, the judgment rendered by this Court is
based upon the instructions given by the respondents
themselves, as find mention and recorded in para-2 of the
judgment.
3.
In absence of the affidavit of the Law Officer of the
State disputing the concession given by him, it is not open to the
petitioner to question this judgment by way of the instant
petition.
4. Accordingly, the review petition is dismissed, so also
pending application(s), if any.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
th
15 July, 2022 Judge
(sanjeev)
