Bineet @ Bineet Thakur vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 17134 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                   CWP No. 7404 of 2023




                                                                       .
                                                   Decided on : 30.10.2023





      Bineet @ Bineet Thakur                                       ....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          :       Ms. Jai Prabha, Advocate vice Mr.
                      r                   Manohar Lal Sharma, Advocate.

      For the respondents         :       Mr. Rupinder Singh, Additional

                                          Advocate General with Mr.
                                          Sumit Sharma, Deputy Advocate
                                          General and Mr. Rajat Chauhan,
                                          Law Officer.



      Ajay Mohan Goel, Judge              (Oral)

Parties are ad-idem that issue raised in the instant

petition 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

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

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

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 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's case (supra), learned

Additional Advocate General fairly acknowledges the factum

with regard to application of the same in the case of the

petitioner.

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 case for all intents and

purposes. The respondents are directed to accept the joining

of the petitioner against the post in issue forthwith and not

later than 15th of November, 2023.

4. The petition stands disposed of in above terms, so

also pending miscellaneous application(s), if any.

.

                                            (Ajay Mohan Goel)
    October 30, 2023                                 Judge
         (narender)





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