Himachal Pradesh High Court
Kamal Kumar vs State Of Himachal Pradesh And ... on 30 October, 2023
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPs No.6484, 6485, 6486,
.
6487, 6488, 6489, 6490 and
6492 of 2023
Decided on : 30.10.2023
CWP No. 6484 of 2023
Kamal Kumar ....Petitioner.
Versus
CWP No. 6485 of 2023
Bhupesh Kumar Sharma
State of Himachal Pradesh and others ...Respondents.
....Petitioner.
Versus
State of Himachal Pradesh and others ...Respondents.
CWP No. 6486 of 2023
Rajat ....Petitioner.
Versus
State of Himachal Pradesh and others ...Respondents.
CWP No. 6487 of 2023
Piyush Gautam ....Petitioner.
Versus
State of Himachal Pradesh and others ...Respondents.
CWP No. 6488 of 2023
Dharmender Kumar ....Petitioner.
Versus
State of Himachal Pradesh and others ...Respondents.
CWP No. 6489 of 2023
Brijesh Kumar ....Petitioner.
Versus
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State of Himachal Pradesh and others ...Respondents.
CWP No. 6490 of 2023
.
Mukesh ....Petitioner.
Versus
State of Himachal Pradesh and others ...Respondents.
CWP No. 6492 of 2023
Naman Kaushal ....Petitioner.
Versus
State of Himachal Pradesh and others ...Respondents.
Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the petitioner(s) : Ms. Jai Prabha, Advocate vice Mr.
Manohar Lal Sharma, Advocate,
in all the petitions.
For the respondents : Mr. Rupinder Singh, Additional
Advocate General with Mr.
Sumit Sharma, Deputy Advocate
General and Mr. Rajat Chauhan,
Law Officer, in all the petitions.
Ajay Mohan Goel, Judge (Oral)
Parties are ad-idem that issue raised in the instant
petitions stands already adjudicated by this Court vide
judgment dated 05.09.2023 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
1 Whether reporters of the local papers may be allowed to see the judgment?
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 of the Government of
Himachal Pradesh, to keep the undergoing recruitment
processes in abeyance till further orders and further 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 that in case at hand, the 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 petitions 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's case (supra), learned
Additional Advocate General fairly acknowledges the factum
with regard to application of the same in the case of the
petitioners.
3. Consequently, in view of the above, the directions
contained in the aforesaid judgment rendered by this Court in
Gian Chand's case (supra) are ordered to be made mutatis
mutandis applicable in the present cases for all intents and
purposes. The respondents are directed to accept the joining
.
of the petitioner(s) against the post in issue forthwith and not
later than 15th of November, 2023.
4. The petitions stand disposed of in above terms, so
also pending miscellaneous application(s), if any.
(Ajay Mohan Goel)
October 30, 2023 Judge
(narender)
