Himachal Pradesh High Court
Naresh Verma vs Hpsebl & Ors on 4 November, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.12258 of 2024
a/w CWP Nos.12267, 12268 & 12272 of 2024
Date of decision: 04.11.2024
1. CWP No.12258 of 2024
Naresh Verma. ...Petitioner.
Versus
HPSEBL & Ors. ...Respondents.
2. CWP No.12267 of 2024
Rakesh Kumar. ...Petitioner.
Versus
HPSEBL & Ors. ...Respondents.
3. CWP No.12268 of 2024
Satya Paul. ...Petitioner.
Versus
HPSEBL & Ors. ...Respondents.
4. CWP No.12272 of 2024
Room Singh. ...Petitioner.
Versus
HPSEBL & Ors. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioner : Mr. Munish Datwalia, Advocate.
For the respondents : Mr. Anil Kumar, Advocate, for
respondent No.1.
Whether reporters of Local Papers may be allowed to see the judgment? Yes
Jyotsna Rewal Dua, Judge
Notice confined to respondent No.1 only. Mr. Anil
Kumar, Advocate, appears and waives service of notice on
behalf of respondent No.1.
2. These writ petitions have been filed for grant of
following substantive relief(s):-
"A. To count the contract service rendered by the
petitioner for all purposes including the
seniority and other consequential benefits for
promotion, annual increments, leave
encashment, and other benefits.
B. And In case the respondent no l during the
pendency of the writ petition promoted the
respondent no 2 to 129 to the post of
Assistant engineer, the same may kindly be
set aside and quashed.
C. That the respondents may further directed to
release the consequential benefits along with
arrears along with @ 9% interest p.a."
Learned counsel for the petitioners submitted
that in view of order already passed in Naresh Verma &
Ors. vs. Himachal Pradesh State Electricity Board1, the
petitioners would not be pressing for relief 'A', as the said
relief had already been prayed for in the earlier writ petition
which has been disposed with directions to the respondents
CWP No.5579 of 2024 decided on 19.06.2024
to decide the representations of the petitioners on the
projected grievances.
Learned counsel for the parties have been heard
accordingly on relief 'B'.
3. Learned counsel for the petitioners submitted
that the word figuring as 'Assistant Engineer' in the relief
clause and elsewhere in the writ petition is a typo and same
be read as 'Senior Assistant'. This is not objected to by the
learned counsel for the respondent.
4. In view of the restricted relief prayed for by the
petitioners and nature of the order being passed hereinafter,
notice of this petition is not required to be issued to
respondents No.2 to 129.
With the consent of learned counsel for the
parties, matter is heard at this stage.
Learned counsel for the petitioners submitted
that petitioners had preferred along with others CWP
No.5579 of 2024 seeking to count contractual service
rendered by them for the purpose of seniority and other
consequential benefits, including promotion, annual
increment and leave encashment etc. The said writ petition
was decided on 19.06.2024 directing the respondents to
decide the representation of the petitioners within a time-
bound schedule. The said representations till date have not
been decided.
The grievance of the petitioners as projected by
learned counsel is that without deciding the representations
of the petitioners, respondent is proceeding to make
promotions to the posts of Senior Assistant. Such recourse
will cause irreparable loss to the petitioners as in the event of
their representations being decided favourably by
respondents in light of judicial precedents, the petitioners
would gain in seniority over the private respondents and
therefore, would be entitled to be promoted against the posts
of Senior Assistant.
At this stage, learned counsel appearing for
respondent No.1 submitted that pending representation(s) of
the petitioners would be decided by the competent authority
within one week and it will ensured that the decision of the
representation(s) is communicated to the petitioners prior to
the holding of DPC for making promotions to the posts of
Senior Assistant.
The above submission and assurance given by
learned counsel for respondent No.1 takes care of the
anticipated grievances of the petitioners. Taking note of the
above, this writ petition is disposed of with direction to
respondent No.1 to decide the pending representation(s) of
the petitioners before convening the meeting of DPC for
making promotion to the post of Senior Assistant. Pending
miscellaneous application(s), if any, shall also stand disposed
of.
Jyotsna Rewal Dua
4 November, 2024
th
Judge
(Pardeep)
