High CourtsSingle Bench(2018) 02 SHI CK 0008

Devinder Singh vs State of Himachal Pradesh & others

High Court Of Himachal Pradesh · Decided on 1 February 2018

HON’BLE JUDGES
Tarlok Singh Chauhan
CASE NUMBER
262 of 2018

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Judgment

18 paragraphs · 397 words
1.

Issue notice. Confined to respondents No.1 to 4, which is accepted by Mr.Rajat Chauhan, Law Officer.

2.

The petitioner has filed the instant petition for grant of the following substantive reliefs:- ""A. That impugned interim order of Hon''ble SAT

Annexure P-17 may kindly be quashed and set aside. B. That the respondents may kindly be directed to consider the Inspectors of CTS for

promotion against the vacant posts of Whether the reporters of the local papers may be allowed to see the Judgment?Yes Dy. S.P./CTS who

were eligible on the date of notification of new R&P Rules i.e. on 01.02.2017. C. That necessary directions may kindly be issued to the Hon''ble

SAT to club all the pending OAs i.e. 2257/2017, 760/2017 and 680/2017 pertaining to the controversy over the applicability of new or old rules

and to decide as soon as possible taking into consideration the judgment of the Hon''ble High Court dated 14-10-2014 delivered in CWP No.

7466 of 2014 and mandate of Hon''ble Supreme Court of India in Deepak Aggarwal and another vs. State of Uttar Pradesh and others .

3.

It is not in dispute that as regards respondent No.6, he has been found to be eligible for promotion to the post of Dy.S.P. (Wireless) under both

the old as well as the new R&P Rules and, thus , his case is entirely different from the other cases which are pending before the learned Tribunal.

Therefore, the petitioner can take no exception to the impugned orders (Annexure P-17) passed by the learned Tribunal on 11.01.2018 whereby

the learned Tribunal has directed the official respondents to consider the case of respondent No.6 Sita Ram Sharma for promotion as Dy.S.P.

(Wireless) at the earliest as he is due to retire on attaining the age of superannuation on 28th February, 2018.

4.

Needless to say that the promotion of respondent No.6 shall be subject to final outcome of OA No.2257 of 2017.

5.

However, at the same time, no exception can be taken to the request made by the petitioner that while deciding OA No.2257 of 2017, all the

other petitions relating to the same subject matter being OA Nos.687/2017 and 760/2017 be also tagged and heard finally. Ordered accordingly.

6.

The petition is disposed of in the aforesaid terms, leaving the parties to bear their own costs. All pending applications stand disposed of. Copy

''dasti''.