High CourtsDivision Bench(2010) 12 SHI CK 0019

Hardev Singh and Others vs HP State Civil Supplies Corpn. and Others

High Court Of Himachal Pradesh · Decided on 1 December 2010

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Ahuja, J
CASE NUMBER
CWP (T) No. 5146 of 2008

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Judgment

7 paragraphs · 267 words

Kurian Joseph, C.J.—The writ petition is filed with the folmlowing prayers:

(i) That Sub-rule (iv) of Rule 9 of Service By-Laws and Rules of the Respondent-1 Corporation be declared as unconstitutional and be quashed/set aside.

(ii) That the seniority list, Annexure A-2 and seniority list of Annexure A-1 be declared illegal and be quashed inasmuch Respondents 2 to 17 have been assigned seniority above the applicants along with all illegal benefits that were allowed to them by the Respondent-1 Corporation.

(iii) That the applicants be held entitled to higher seniority above the Respondents 2 to 17 and all its consequential benefits along with arrears etc. on account of senior scale/selection grade with effect from the dates such benefits were granted to the junior Respondents 2 to 17.

2 In view of the intervening developments, learned Counsel for the Petitioners submits that they may be granted an opportunity to make a fresh representation before the first Respondent in case they have any surviving grievances. In view of the submissions, as above, the writ petition is disposed of as follows:

3.

In the event of the Petitioners filing appropriate representation(s) within a period of three months from today, the same shall be duly considered by the first Respondent and in case any of the Petitioners requests for an opportunity of being heard, the same shall also be granted. Appropriate orders on the representation(s) will be passed within another four months from the date of production of a copy of this judgment by the Petitioner concerned.

4.

The writ petition is disposed of, so also the pending applications, if any.