Himachal Pradesh High Court
Ashok Kumar vs Himachal Pradesh State Forest ... on 7 May, 2024
Bench: Tarlok Singh Chauhan, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPOA No.6295 of 2020 a/w
.
CWPOAs No.6300 & 6302/2020
Date of Decision: 07.05.2024
___________________________________________________
1. CWPOA No.6295 of 2020
Ashok Kumar
....Petitioner
Versus
Himachal Pradesh State Forest Development Corporation
...Respondent
____________________________________________________
2. CWPOA No.6300 of 2020
Mast Ram
....Petitioners
Versus
Himachal Pradesh State Forest Development
Corporation & others
...Respondents
____________________________________________________
3. CWPOA No.6302 of 2020
Babu Ram Sharma
....Petitioners
Versus
Himachal Pradesh State Forest Development
Corporation & others
...Respondents
____________________________________________________
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
The Hon'ble Mr. Justice Sushil Kukreja, Judge
Whether approved for reporting?1
1 ? Whether reporters of Local Papers may be allowed to see the judgment?
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______________________________________________
For the petitioner(s)
.
in all the petitions : Mr. Narender Sharma, Advocate.
For the respondents :
Ms. Kiran Dhima, Advocate, for
respondent No.1-HPSFC in all the
petitions.
________________________________________________
Tarlok Singh Chauhan, Judge (Oral)
Since common question of law arises for
consideration in all these petitions, therefore, the same were
taken up together for consideration and are being disposed of by
common judgment.
2. These petitions have been filed for the grant of
identical reliefs, one set of such reliefs is reproduced as under:-
" (a) That in view of the facts and circumstances as well as
submissions made herein above the humble applicant pay
for direction against the respondent to maintain seniority at
state level instead of Zonal level in view of the judgment
passed in CWO(T) No.7231/2008 titled Kewal Krishan Vs
HP State Forest Corporation and CWP(T) No.7251/2008
titled Ashok Kumar Vs HP State Forest Corporation and
place the applicant above his juniors who have been
wrongly granted seniority maintain seniority at Zonal level
and were promoted.
(b) That the applicant may further be ordered to be promoted from
the dates his juniors were promoted and all consequential
reliefs be granted in favour of the applicant."
3. According to the learned counsel for the petitioner(s),
the issue in question is no longer res integra in view of the
judgment rendered by learned Division Bench of this Court in
LPA No.55 of 2010, titled Ramesh Chand Sharma and others
Versus HP Forest Department Corporation and others,
decided on 02.08.2016 and another judgment rendered by the
.
learned Single Judge of this Court in batch of petitions, lead case
being CWP No.4920 of 2021, titled Salig Ram & others Versus
H.P. State Forest Development Corp., decided on 31.03.2023.
This is a matter, which is required to be considered by the
employer/respondents.
3. In the given facts and circumstances and without
going to the merits of the case, we deem it appropriate to dispose
of all these petitions by directing the respondents to consider and
decide the case of the petitioner(s) in light of the aforesaid
decisions and in case, the same is found to be covered, same
and similar benefits as were extended to the claimants in the
aforesaid judgments, be also extended to the petitioner(s) herein.
Ordered accordingly. The entire exercise be completed within six
weeks.
4. For compliance, list on 25.06.2024.
Pending application(s), if any, shall also stand
disposed of.
(Tarlok Singh Chauhan)
Judge
(Sushil Kukreja)
May 07, 2024 Judge
(VH)
