R.S. Karopha vs State of H.P. and Others

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

(i) That the impugned notifications at Anenxures A-3 and A-4 to the extent persons junior to applicant have been granted promotion earlier to applicant may be quashed and set aside.

(ii) That applicant may be held entitled to regular promotion w.e.f. 1989 or in the alternative from due date after 1989 by holding year-wise review DPC and by giving due weightage to the AC Rs of applicant for having served in a tribal and difficult area in an ad hoc capacity as an Executive Engineer and he may be held entitled to all consequential benefits arising on such consideration.

Placing reliance on the decision of Hon''ble Supreme Court reported in Shiv Kumar Sharma and Anr. v. Union of India and Ors. 1998 AIR SCW 4093, the petitioner seeks an opportunity to approach the Government.

Therefore, the writ petition is disposed of as follows:

In the event of the petitioner filing representation to the first respondent within a period of one month from today, the matter will be duly examined by the first respondent and appropriate orders in accordance with law and justice shall be passed by the first respondent adverting to the submissions made in the representation within a period of another four months. In case the petitioner seeks permission for personal hearing, the same shall also be granted to him.

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