Sarvan Kumar Versus And Another vs Sandeep Kumar
2023 Latest Caselaw 17696 HP

Sarvan Kumar Versus and another Versus Sandeep Kumar

COPC No.222 of 2023

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08.11.2023 Present: Mr. Ajay Sharma, Senior Advocate with

Ms. Kavita Kajal, Advocate, for the petitioners.

Mr. Virbahadur Verma, Advocate, for the respondent.

Mr. Virbahadur Verma, learned counsel for

the respondent has produced copy of the order dated

3rd November, 2023 (taken on record) to show that both

the petitioners, namely, Sarvan Kumar and Subhash

Chand, have been promoted to the posts of Sub-Inspector

w.e.f. 24.12.2015 and then as Inspector w.e.f. 29.11.2018

in Himachal Road Transport Corporation Limited from the

date the the Junior-Vimal Pershad was promoted,

on notional basis.

2. In view of this, Mr. Ajay Sharma, learned

Senior Counsel assisted by Ms. Kavita Kajal, submits that

the benefits have been given on notional basis, whereas,

in terms of Para-8 of the judgment dated 15.03.2023

(Annexure R-1), once other similarly placed incumbents

were granted promotion as Sub-Inspector and then as

Inspector by giving actual monetary benefits; then, the

petitioners cannot be singled out, which is not in terms

of the spirit of judgment.

3. In view of this, learned counsel for the

respondent prays for and is granted three weeks' time to

file reply-affidavit, to the instant proceedings. Needful

permitted. Be filed accordingly.

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4. However, passing of this order shall not

prevent the respondent from releasing actual monetary

benefits to the petitioners herein.

(Ranjan Sharma) Judge November 08, 2023 (Bhardwaj)