Satish Chand And Others vs State Of H.P. And Others
2023 Latest Caselaw 17522 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Review Petition No.115 of 2023 Decided on: 4th November, 2023 _________________________________________________________________

.

Satish Chand and others ....Petitioners

Versus

State of H.P. and others ...Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua, Judge

1 Whether approved for reporting?

_________________________________________________________________ For the petitioners:

                       r                    Mr. Onkar Jairath, Advocate.

    For the respondents:                   Mr. Sidharth Jalta, Deputy Advocate

General for respondents No. 1 to3.

Jyotsna Rewal Dua, Judge

Heard.

2. The review petitioners were respondents No. 4 to 6

and 8 & 10 in CWP No. 267 of 2023. They are seeking review

of order dated 03.08.2023 passed in the aforesaid writ

petition. The said order reads as under:-

"This writ petition has been filed praying for following substantive reliefs:-

"i. That an appropriate writ, order or directions

Whether reporters of Local Papers may be allowed to see the judgment? yes

may kindly be issued and the impugned office orders dated 04.01.2023 (Annexure P-1) may kindly be quashed and set aside.

ii. That writ in nature of mandamus may kindly be issued directing the respondent No.3 to prepare the fresh seniority list as per the law

.

and further give promotion."

2. During hearing of the case, learned Deputy Advocate General has placed on record instruction

memo dated 14.07.2023, which reads as under:-

"In this regard, it is submitted that as per information received from Deputy Director of Elementary Una District Una, the promotion orders of the Center Head Teacher issued vide letter No.

EDN-U(E- III) Ele.-1/87(CHT)-Vol-V-12-19 dated 04.01.2023 on Ad-hoc basis by the Deputy Director of Elementary Education Una, District Una. Now these promotion orders have been withdrawn vide his letter No.EDN-U(E-III) Ele.-1/87(CHT)-Vol-V- 2547-57 dated 14.07.2023 (Copy enclosed)."

Alongwith instructions memo, copy of office order

dated 14.07.2023 has also been appended.

3. Since respondents No.1 to 3 have now withdrawn the promotion order assailed by the petitioner, therefore, learned counsel for the petitioner submitted that the

relief prayed for by the petitioner stands granted to him. Learned counsel for respondent Nos. 4 to 6, 8 & 10 sought liberty to assail office order dated 14.07.2023.

4. In view of above, the petition is disposed of as having been rendered infructuous. It goes without saying

that the private respondents can avail appropriate remedy against the order dated 14.07.2023, if available to them in law. All pending application(s), if any, also stands disposed of."

3. The endeavour of the review petitioners in this

petition is to rake up the disposed of matter on merits which,

in light of above extracted order, cannot be permitted.

Consequently, no case is made out for review. The

present review petition is accordingly dismissed alongwith

pending miscellaneous application(s), if any.

.

                                                 Jyotsna Rewal Dua
                                                        Judge
    November 4, 2023
       R.Atal




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