Vishal Thakur vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 15318 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2747 of 2023 Date of Decision: October 4, 2023 _______________________________________________________

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    Vishal Thakur                                                                  .......Petitioner





                                   Versus
    State of Himachal Pradesh and others                                        ... Respondents
    Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ashwani Chawla, Advocate. For the Respondent: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.

B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan & Ms. Sunaina, Deputy Advocates General.

_______________________________________________________ Sandeep Sharma, Judge(oral):

Parties are ad-idem that issue raised in the instant

petition stands already adjudicated by this Court vide judgment dated

5.09.2023 passed in CWP No.1802 of 2023, titled Gian Chand vs.

State of H.P. and others alongwith connected matters, wherein this

Court having taken note of the fact that petitioners in the aforesaid

cases stood offered appointment against the post in question prior to

issuance of communication dated 12.12.2022, whereby direction

came to be issued to all the Departments, Government of Himachal

Pradesh to keep undergoing recruitment processes in abeyance till

further orders, ordered that directions/instructions contained in

communication dated 12.12.2022 shall apply only to those cases

where recruitment process is/was underway. Since it is not in dispute

Whether the reporters of the local papers may be allowed to see the judgment?

that in case at hand, petitioner herein had participated in the selection

process initiated before issuance of aforesaid communication dated

12.12.2022 and after declaration of result, he also stood offered

.

appointment before issuance of aforesaid communication, prayer

made in the instant petition deserves to be allowed in terms of the

mandate given by this Court in the aforesaid judgment.

2. Having carefully perused the aforesaid judgment

rendered by this Court in Gian Chand case (supra), learned Additional

3.

r to Advocate General fairly acknowledges factum with regard to

application of the same in the case of the petitioner.

Consequently, In view of the above, the directions

contained in the aforesaid judgment rendered by this Court in Gian

Chand case (supra) are ordered to be made mutatis mutandis

applicable in the present case for all intents and purposes. While

accepting joining in terms of instant order, authority concerned may

also take note of judgment dated 9th November, 2022 passed by

Hon'ble High Court of Delhi in case tilted Arun Kumar vs. Union of

India and others.

In the aforesaid terms, present petition is disposed of

alongwith pending application(s), if any.

(Sandeep Sharma), Judge October 4, 2023 (vikrant)