Anand Swaroop vs State Of Himachal Pradesh & Others
2024 Latest Caselaw 14921 HP

Himachal Pradesh High Court

Anand Swaroop vs State Of Himachal Pradesh & Others on 4 October, 2024

Author: Virender Singh

Bench: Virender Singh

                                                                        ( 2024:HHC:9552 )


IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     CWPOA No. 5936 of 2020
                                                     Decided on : 04.10.2024

Anand Swaroop                                                            ...Petitioner

                                         Versus

State of Himachal Pradesh & Others                                    ...Respondents

Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1

For the petitioner             :    Mr. Sanjay Kumar Sharma, Advocate.

For the respondents :               Mr. Mohinder Zharaick, Additional
                                    Advocate General with Mr. Rohit
                                    Sharma, Deputy Advocate General.

Virender Singh, Judge (Oral)

CMP­T No.777 of 2024

Keeping in view the factual position, as mentioned,

in the application, the same is allowed and the main matter is

taken up for hearing today itself. Application is, thus, disposed

of.

Petitioner­Anand Swaroop has invoked the

jurisdiction of the erstwhile Himachal Pradesh State

Whether Reporters of local papers may be allowed to see the judgment? Yes.

2 ( 2024:HHC:9552 )

Administrative Tribunal (hereinafter referred to as the

'Tribunal'), by way of Original Application No.290 of 2018,

preferred, under Section 19 of the Administrative Tribunals

Act, 1985 (hereinafter referred to as the 'Act'), seeking the

following reliefs:­

"a. The office orders of rejection vide Annexure­A/3 be quashed/set aside.

b. The Annexure­A/4 and A/5, the notifications dated 07­07­2014 and 09.09.2014, respectively be declared null and void in respect of the applicant and be quashed accordingly to that extent.

c. The respondents be directed to consider the name of the applicant for the grant of 4­9­14 time scale/enhancement and release the second increment/enhancement or benefits under New ACP Scheme of 4­9­14 to the applicant on completion of nine (9) years service at par with her counterparts in sequel to Annexure­A/6.

d. If the applicant is fallen due to the third time scale enchantment under the New ACP Scheme of 4­9­14; the respondents further be directed to the release the same to the applicant forthwith along with arrears thereof."

2. After the abolition of the learned Tribunal, the

said Original Application was transferred to this Court and

thereafter, registered as CWPOA No.5936 of 2020.

3 ( 2024:HHC:9552 )

3. It has fairly been submitted by learned counsel,

appearing for both the parties, that similar issue has already

been decided by a Division Bench of this Court, in CWPOA

No.5952 of 2020, titled as 'Pankjakshi Sharma Versus

State of Himachal Pradesh & Others', vide order dated

06.07.2023.

4. In such situation, it would be just and appropriate,

for this Court, to direct the respondents to consider the case of

the petitioner, in the light of the decision of Pankjakshi

Sharma's case (supra), within a period of six weeks, from

today, by passing a reasoned order.

5. The present petition is disposed of, in the aforesaid

terms. Pending application(s), if any, shall also stand disposed

of.

( Virender Singh ) Judge October 04, 2024 ( ps )