Avinash Kumar vs State Of HP & Ors

Sandeep Sharma, J

By way of instant petition, petitioner has approached this Court in the instant proceedings under Article 226 of the Constitution of India, praying therein to issue directions to respondents to provide him employment in HPPCL as per Clause 6 of the Agreement entered inter se HPPCL and Government of Himachal Pradesh, whereby it specifically came to be agreed inter se parties that one member of project affected families will be provided employment.

Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. Rajinder Singh, Advocate is that though AC to DC Kinnaur at Reckong Peo had been repeatedly requesting General Manager HPPCL for providing employment to the petitioner under Rehabilitation Scheme, but no action is being taken.

Having regard to the nature of prayer and order proposed to be passed in the instant proceedings, this Court sees no necessity to call for the reply at this stage, rather, petition at hand can be disposed of by issuing directions to respondents to consider the request forwarded by AC to DC Kinnaur at Reckong Peo to General Manager HPPCL in a time bound manner strictly in terms of Clause 6 of the Agreement.

Mr. Vishal Panwar, learned Additional Advocate General and Mr. Haminder Chandel, Advocate, while accepting notice on behalf of respondents No. 1 and respondents No.2 & 3, respectively, states that though they have reason to presume and believe that request made vide communication dated 22.06.2015 (Annexure P­7) may have been considered by the Himachal Pradesh Power Corporation Ltd., but if not, same shall be considered expeditiously in accordance with law.

Consequently, in view of aforesaid fair, stand adopted by learned counsel for the respondents, present petition is disposed of with the direction to General Manager HPPCL, Shongtong­Karchham Hydro Electric Project, Reckong Peo, District Kinnaur, HP, to take decision on the recommendation made by AC to DC Kinnaur at Reckong Peo vide communication dated 22.06.2015 (Annexure P­7) expeditiously, if not already taken, within a period of two weeks. Needless to say, authority concerned, while doing the needful shall afford an opportunity of hearing to the petitioner and pass detailed speaking order.