Smt. Roshana Devi vs The Municipal Corporation
2023 Latest Caselaw 136 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                               CWPOA No. 7010 of 2019
                                            Decided on: January 3, 2023
     ________________________________________________________




                                                                    .
     Smt. Roshana Devi                                   .........Petitioner





                                       Versus
     The Municipal Corporation, Shimla                    ...Respondent
     ________________________________________________________
     Coram





     Hon'ble Mr. Justice Sandeep Sharma, Judge.
     Whether approved for reporting1?
     ________________________________________________________
     For the petitioner:       Mr. Bhim Raj Sharma, Advocate.

     For the respondent:            Mr. Naresh K. Gupta, Advocate.


     Sandeep Sharma, J. (oral)

r to ________________________________________________________

By way of instant petition, petitioner has prayed for

following main relief(s):

"(1) That the respondent may kindly be directed to promote the applicant to the post of Clerk with all

consequential benefits:

2. Though the reply to the petition stands filed by the

respondent, but before the same could be decided on its own merit,

learned counsel for the petitioner invited attention of this court to order

dated 26.9.2012 passed by a Co-ordinate Bench of this Court in

CWP(T) No. 7785 of 2008 and connected matters (Annexure A-7), to

state that the case at hand is squarely covered by the aforesaid

judgment.

Whether reporters of the Local papers are allowed to see the judgment? .

3. Learned counsel for the petitioner states that the petitioner

would be content and satisfied, in case respondent is directed to

.

consider and decide the case of the petitioner in light of the aforesaid

judgment rendered by Co-ordinate Bench of this court in CWP(T) Nno.

7785 of 2008.

4. Mr. Naresh K. Gupta, learned counsel for the respondent-

Corporation is not averse to the aforesaid innocuous prayer made on

behalf of the petitioner.

5.

Having perused the averments contained in the petition,

especially relief clause, vis-à-vis judgment sought to be relied, this

court finds r force in the aforesaid submission of learned counsel for

the petitioner that issue raised in the instant petition, stands already

adjudicated by Co-ordinate Bench in judgment supra, as such, no

prejudice would be caused to ether of the parties, in case the

respondent is directed to consider and decide the case of the petitioner

in light of order dated 26.9.2012 in CWP(T) No. 7785 of 2008 titled

Puran Chand and another v. The Director Urban Development and

other connected matters.

6. In view of above, present petition is disposed with a direction

to the respondent-Corporation, to consider and decide case of the

petitioner in light of order (Annexure A-7), expeditiously, preferably

within a period of six weeks. In case the petitioner is found similar to

the petitioner in said case, he shall be extended the similar benefits.

Needless to say, authority concerned, shall afford opportunity of

hearing to the petitioner and pass a speaking order thereafter. Liberty

.

is reserved to the petitioner to file appropriate proceedings in the

appropriate court of law, if she still remains aggrieved.

7. The petition stands disposed of in the afore terms, alongwith

all pending applications.

(Sandeep Sharma) Judge

January 3, 2023 (Vikrant)