Kali Ram Sharma vs State of H.P. and Another

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

i) That the writ in the nature of certiorari may kindly be issued for quashing and setting aside the order dated 02.-3.2010 passed by the Respondent No. 2 on the basis of order dated 04.12.2009 issued from the office of Respondent No. 1, for which the Petitioner humbly prays.

ii) That the writ in the nature of mandamus may kindly be issued directing the Respondents to absorb the Petitioner on the post of Acharaya Class-I Gazetted in the pay scale of Rs. 8000-13500/- as has been done with respect to other similar situated persons for which the Petitioner humbly prays.

In the nature of the order we propose to pass in this case, it is not necessary for us to go into the merits of the case, at this stage. Therefore, leaving open all the contentions, we dispose of the Writ Petition as follows:

The Petitioner has submitted Annexure P-4 (representation), before the second Respondent. There will be a direction to the second Respondent to consider the same on merits and pass appropriate orders in accordance with law within a period of three months. In case, the Petitioner requests for opportunity of hearing, the same shall also be granted. Interim order dated 9th March, 2010, will continue till such time. The Petitioner will produce a copy of this judgment alongwith a copy of the Writ Petition before the second Respondent. While taking decision on the representation as above, the impact of the decision rendered by the Tribunal dated 12.7.2007 in OA No. 360/2001 and the order dated 3.12.2009, implementing the order by granting the U.G.C. Scale to the Petitioner, will also be taken into consideration.

It is made clear that the precedents in the matter, if any, will also be looked into by the second Respondent.

With these observations, the writ petition is disposed of, so also the pending application(s), if any.