Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.6506 of 2025
Decided on: 2nd June, 2025 ------------------------------------------------------------------------------------- Dr. Avinash Dhiman
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Nimish Gupta, Advocate. For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
This writ petition has been filed for the grant of following substantive reliefs:-
“i. That writ of mandamus may kindly be issued directing the respondents to release the medical degree and cheques issued in the name of respondent No.2 pledged while executing the bond amounting to Rs.40,00,000/- in favour of the petitioner. ii. That writ of certiorari may kindly be issued for quashing the order dated 10.04.2025 Annexure P/4 being illegal, arbitrary and contrary to law. iii. That the Employment bond executed by the petitioner be declared as null and void and unenforceable on account of non performance of reciprocal promise by the respondents. iv. That the operation of order dated 10th April, 2025 issued qua field posting, Annexure P-6, may kindly be quashed and set aside being illegal and unenforceable in the eyes of law.”
1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2
2. Following order was passed on 22.04.2025 in the application (CMP No.8137 of 2025) moved by the petitioner for grant of interim relief:-
“Heard. The application is disposed with the direction that petitioner’s posting pursuant to Annexure P-4 dated 10.04.2025 shall abide by the outcome of this writ petition and shall be without prejudice to his rights & contentions in the writ petition.”
Subsequent to passing of above order, petitioner had joined pursuant to his posting order dated 10.04.2025 (Annexure P-4). This fact was noticed in the subsequent order dated 09.05.2025. 3. The respondents have filed the reply. 4. At this stage, learned counsel for the petitioner submits that the issue raised in this writ petition and the reliefs claimed by the petitioner were also involved in Hitesh Chanana and Others Versus State of H.P. and others2. That the directions issued in the aforesaid decision are also applicable to the petitioner as well. That petitioner is similarly situated to the petitioners in the aforesaid case, save & except that the petitioner had joined pursuant to the protection given to him under interim order dated
22.04.2025.
The above position has not been disputed by learned Assistant Advocate General. 2CWP No.6521 of 2025, decided on 28.05.2025
3
5. Accordingly, this writ petition is disposed of in light of the decision rendered in Hitesh Chanana2. The directions issued therein shall mutatis mutandis apply to the case of the petitioner as well. Since the petitioner herein had joined the service of the respondents, therefore, the respondents are directed to relieve him forthwith alongwith duly earned service benefits. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua June 02, 2025
Judge Mukesh