Suraj Prakash And Ors vs State Of Himachal Pradesh And Ors

Sandeep Sharma, J

By way of instant writ petition, petitioner has prayed for following main reliefs:

“I. That a writ in the nature of mandamus or any other appropriate writ order or direction be issued to respondents directing them to give appointment to the Petitioners against the post of Physical Education Teacher on batch wise selection after having granted them the relaxation as has been accorded vide communication dated 15.02.2011 (Annexure P-3) and in compliance to the Judgment passed in Saroj Kumar Supra in favour of other similarly situated incumbents.

II. That in alternate the respondents be directed to accord in favour of the petitioners relaxation under Clause 18 of the Recruitment & Promotion Rules dated 10.01.2011 (Annexure P- 2) and they be appointed as Physical Education Teacher as per batch wise seniority.”

Before reply, if any, could be called from the respondents, learned counsel for the petitioners states that his clients would be content and satisfied in case prayer made in the instant petition is considered and decided by the competent authority in terms of judgment dated 19.7.2022, passed by this Court in CWP(OA) No. 3573 of 2019, Yog Raj and Ors. v. State of Himachal Pradesh and Anr. (alongwith connected matters).

While putting in appearance on behalf of the respondents/State, Mr. Vishal Panwar, learned Additional Advocate General states that State is not averse to the aforesaid innocuous prayer made by the petitioners.

Having perused aforesaid judgment sought to be relied upon vis-à-vis issue raised in the petition at hand, this Court finds that issue raised in the instant petition already stands adjudicated in the aforesaid judgment and as such, no prejudice would be caused to either of the parties in case respondents are directed to consider and decide case of the petitioners in light of the aforesaid judgment.

Consequently, in view of the above, present petition is disposed of with direction to the respondents to consider and decide case of the petitioners in light preferably, within four weeks. of Yog Raj (supra), expeditiously, In case, petitioners are found to be similarly situate to the petitioners in the aforesaid judgment, they would be extended similar benefits. Needless to say, authority concerned while doing the needful in terms of the instant order shall afford an opportunity of hearing to the petitioners and pass detailed speaking order thereupon. Liberty is reserved to the petitioners to file appropriate proceedings before appropriate court of law, if they still remain aggrieved. All pending applications stand disposed of.