Decided On: October 13 vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 16358 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                CWP No. 6883 of 2023
                                          Decided on: October 13, 2023
    ________________________________________________________
    Tej Ram                                          ........... 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. Ghambir Singh Chauhan and Mr.
                                                  Ganesh Barowalia, Advocates.

    For the respondents                    :
                                  Mr. Anoop Rattan, Advocate General





                                  with 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):

By way of instant petition filed under Art. 226 of the Constitution

of India, petitioner has prayed for the following main relief(s):

"I. Directing the respondents-State to grant all the consequential benefits including monetary benefits to the

petitioner from the initial date of appointment i.e., 30.01.2009 also, in compliance of Judgment in OA 5561/2015

dated 7.01.2016, the same attaining finality; and II. Directing the respondents-State to consider for promotion the petitioner to the post of Lecturer in Hindi

subject/ Lecturer (School New) in Hindi subject also, in consonance with Order dated 9.04.2021 (Annexure P-12), Judgment dated 12.06.2023 (Annexure P-16) & the Judgment in LPA No. 102/2010 dated 13.01.2012 (Annexure P-3), wherein the appellants were promoted as Lecturer (Sanskrit).."

2. Learned counsel for the parties are ad-idem that the issue

raised in the petition at hand as well as relief as prayed for stands duly

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

considered and granted by the Division Bench of this Court in LPA No.

102 of 2010, titled Dr. Lekh Raj Sharma and Ors. v. State of H.P. It is

also not in dispute inter-se parties that aforesaid judgment rendered by

.

the Division Bench of this Court has attained finality because Special

Leave Petition having been filed by the respondent.-State, laying

therein challenge to aforesaid judgment passed by the Division Bench

of this Court stands dismissed. In view of the aforesaid, this Court sees

no impediment in accepting the prayer made in the present petition.

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

of with a direction to the respondents to consider the case of the

petitioners in terms of aforesaid judgment rendered by the Division

Bench of this Court and thereafter grant similar benefit to them, if they

are ultimately found to be similarly situate, within a period of four weeks

from the date of production of certified copy of this order. Pending

applications, if any, stand disposed of.

(Sandeep Sharma)

Judge October 13, 2023 Vikrant