State Of Himachal Pradesh & Anr vs GANESH DUTT & ANR

Delay condoned.

Leave granted.

The High Court, by its impugned order dated 13 October 2014, has disposed of the Writ Petition [CWP 7040 of 2014] filed by the respondents in terms of its earlier decision in Roshan Lal Vs. State of Himachal Pradesh CWP 3496 of 2009 decided on 4 August 2014 and directed consideration of the case of the respondents in accordance with the above judgment.

Learned counsel appearing on behalf of the State of Himachal Pradesh has submitted that Roshan Lal's case was considered by the High Court after affidavits were filed. Placing reliance on paragraph 13 of the judgment, learned counsel submitted that an affidavit was filed by the tehsildar admitting the engagement of those petitioners as chowkidars. In the present case, it has been urged that the petition was simply disposed of without calling for a counter affidavit from the State.

The attention of the Court has been drawn to the grounds contained in the special leave petition where it has been specifically submitted that the respondents were not appointed and, as a matter of fact, though they claimed to have been engaged since 1996, the Writ Petition was filed in the High Court only in 2014.

Since the High Court has not dealt with the individual facts pertaining to the case of the respondents, we consider it appropriate and proper to allow this appeal and set aside the impugned judgment and order of the High Court dated 13 October 2014. Accordingly, we restore the Writ Petition (CWP 7040 of 2014] to the file of the High Court for disposal afresh. The State shall file its counter affidavit before the High Court within a period of four weeks from today so as to enable the High Court to take a considered view in the matter. All the rights and contentions of the parties are kept open. We request the High Court to dispose of the Writ Petition at an early date.

The appeal is accordingly disposed of. No costs.