Nanak Ram vs State Of H.P. & Others

Ajay Mohan Goel, J

By way of this writ petition, the petitioner has prayed for following substantive reliefs:­

"(a) to issue a writ of certiorari or direction in nature thereof, quashing the impugned order dated 27.04.20219 being Annexure P­3 Colly of the writ petition qua the private respondents, as unconstitutional and illegal and contrary to the law;

(b) to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent department to consider and promote the petitioner as Naib Tehsildar from the dates the private respondents have been promoted with all consequential benefits for all purposes and intents alongwith arrears of salary etc with interest thereon @ 18 % pa from the aforesaid date;

c) to issue an appropriate writ, order or direction in nature thereof to give full justice to the petitioners in the circumstances of the case and may pass such further writ, order or orders as this Hon'ble Court may deem fit, proper, just and expedient in the circumstances of the case".

When this case was taken up for consideration, learned Additional Advocate General, on instructions, informs the Court that the petitioner, who was initially promoted on adhoc basis against the post of Kanungo w.e.f. 6.1.2014 has now been offered regular promotion against the said post w.e.f. 6. 1.2014.

Learned Counsel for the petitioner submits that in view of the statement so made by learned Additional Advocate General, this petition can be disposed of by directing the respondent/State to hold review DPC for the post of Naib Tehsildar in consonance with the provisions of Chapter 16.33 of the Hand Book on Personal Matters so issued by the Department of Personnel to the Government of Himachal Pradesh.

Learned Additional Advocate General submits that review DPC will be held only after the tentative seniority list so issued of the Kanungo is finalized as presently objections stands invited against the tentative list.

Having heard respective contentions of learned counsel for the parties, this writ petition is disposed of by taking the statement of learned Additional Advocate General on record that the petitioner stands regularized against the post of Kanungo w.e.f. 6.1.2014 and with further directions to the respondents to hold review DPC for promotion to the post of Naib Tehsildar by finalizing the seniority list of Kanungos as early as possible and preferably before 31.12.2020.

The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.