Sh. Gauri Shankar Sharma vs Hptdc
2023 Latest Caselaw 15683 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                 .

                                     Civil Writ Petition No.5737 of 2023
                                            Date of Decision: 7.10.2023
    _____________________________________________________________________





    Sh. Gauri Shankar Sharma
                                                                  .........Petitioner
                                           Versus
    HPTDC
                                                                 .......Respondent





    Coram

    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?

    For the Petitioner:       Mr. Om Parkash Goel, Advocate.

    For the respondent:      Mr. Shivank Singh Panta, Advocate.
    ___________________________________________________________________________
    Sandeep Sharma, J. (Oral)

Learned counsel for the petitioner states that his client

would be content and satisfied in case prayer made in the instant

petition is considered and decided by the competent authority in terms

of judgment dated 30.12.2022, passed by the Division Bench of this

Court in CWP No. 2740 of 2022, titled as Mudit Kumar v. H.P.T.D.C

(Annexure P-6) alongwith connected matters. Learned counsel for the

respondent is not averse to the aforesaid innocuous prayer made by

the petitioner.

2. Having perused aforesaid judgment sought to be relied

upon vis-à-vis issue raised in the petition at hand, this Court finds

that issue raised in the instant petition already stands adjudicated in

the aforesaid judgment rendered by the Division Bench of this Court

.

and as such, no prejudice would be caused to either of the parties in

case respondents are directed to consider and decide case of the

petitioner in light of the aforesaid judgment.

3. Consequently, in view of the above, present petition is

disposed of with direction to the respondents to consider and decide

case of the petitioner in light of Mudit Kumar (supra), expeditiously,

preferably, within four weeks. In case, petitioner is found to be

similarly situate to the petitioners in the aforesaid judgment, he would

be extended similar benefits. Needless to say, authority concerned

while doing the needful in terms of the instant order shall afford an

opportunity of hearing to the petitioner and pass detailed speaking

order thereupon. Liberty is reserved to the petitioner to file

appropriate proceedings before appropriate court of law, if he still

remains aggrieved. All pending applications stand disposed of.

    October 7, 2023                                   (Sandeep Sharma),





    manjit                                                   Judge