Himachal Pradesh High Court
Sushil Kumar Banyal vs State Of H.P. & Ors on 16 May, 2023
Bench: Vivek Singh Thakur, Sushil Kukreja
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 2643 of 2023
Decided on: 16.05.2023
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Sushil Kumar Banyal ....Petitioner
Versus
State of H.P. & Ors. ...Respondents
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Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
The Hon'ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Narender Singh Thakur,
Advocate.
For the respondents : Mr. Anup Rattan, Advocate
General with Mr. Sidharth Jalta,
Deputy Advocate General, for
respondents No. 1 to 3.
Mr. Kamal Kant, Advocate, for
respondent No. 4.
Vivek Singh Thakur, Judge (oral)
Learned counsel for the petitioner submits that
petitioner shall be satisfied in case he is permitted to submit
representation to the concerned authority for redressal of his
grievance, keeping in view the fact that he is a cancer patient
and also as a couple case, as his wife is serving at GSSS,
Sarkaghat, District Mandi, with further direction to the
concerned authority to decide the same in a time bound
manner.
1 Whether reporters of Local Papers may be allowed to see the judgment?
2. Learned Deputy Advocate General submits that in
.
case such representation is preferred by the petitioner, same
shall be dealt with by the concerned authority in accordance
with law by deciding the same in time bound manner, as
directed by this Court.
3. In aforesaid circumstances, petitioner is permitted
to submit representation to the Secretary (Education) to the
Government of Himachal Pradesh on or before 19.05.2023 and
in case such representation is preferred by the petitioner, same
shall be decided by concerned authority on or before
31.05.2023, by passing a speaking and reasoned order, after
affording an opportunity of hearing to petitioner, if so desired, in
accordance with law.
4. Order so passed in representation, shall be
communicated to the petitioner.
5. Till decision is taken in the representation,
petitioner may not be compelled to join at the next place of
posting.
6. In case petitioner opts to join at the next station of
posting, then such joining shall not come in his way for
considering his request by the concerned authority and he shall
avail the leave of kind due.
7. Interim order stands vacated.
8. Petition is disposed of in aforesaid terms, alongwith
pending application(s), if any.
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9. Parties are permitted to use downloaded copy of
this order from the High Court website and concerned authority
shall not insist for certified copy. Passing of order may be
verified from High Court website or otherwise.
( Vivek Singh Thakur )
Judge
( Sushil Kukreja )
May 16, 2023
r Judge
(raman)
