Rohitesh Kumar vs Himachal Road Transport Corporation

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayers: (i) That a writ in the nature of certiorari may kindly be issued against the respondents by quashing and setting aside the impugned order Office Order dated 20.12.2008 Annexure P-5 and order dated 7.9.2009 Annexure P-7.

(ii) That a writ in the nature of mandamus or any other appropriate writ or direction may be issued directing the respondent No. 2 to decide the appeal after taking into consideration the entire facts and circumstances of the case and by passing a speaking order.

(iii) That a writ in the nature of mandamus or any other appropriate writ or direction may kindly be issued directing the respondents to re-engage the petitioner on the post of TMPA on which post the petitioner was already working with all consequential benefits.

The petitioner prays for an opportunity to make a representation. In many cases, such opportunity has been granted to similarly situated persons. Therefore, without going to the right of the petitioner to make representation and leaving that it will be decided by the second respondent, the writ petition is disposed of as follows:

In the event of the petitioner filing a representation before the second respondent within one month, the second respondent is directed to decide the representation in accordance with law within another period of four months from the date of production of a copy of this judgment along with a copy of the writ petition before the second respondent by the petitioner. The writ petition is disposed of, so also the pending applications, if any.