Extracted from the PDF above. The PDF is authoritative.
H.P. State Electricity Board Ltd. and another versus Ashwani Kumar and another
CMP.M No.1482 of 2025
Item No.S-3
20.08.2025 Present: Ms. Sunita Sharma, Senior Advocate with Ms. Sugandh Verma, Advocate, for the appellants.
CMP No.20030 of 2025
The present application has been filed for condonation of delay of 1 year and 18 days in re-filing the appeal.
2.
In view of the averments made in the application the same is allowed and the delay in re-filing the appeal is condoned, keeping in view the fact that consistent view, as such, would be required and if one of the appeals is dismissed on this ground, it would be difficult to reconcile the issues since similar matters are already pending, on merits.
3.
The application stands disposed of.
CMP.M No. 1482 of 2025
4.
Keeping in view the averments made in the application, duly supported by the affidavit of the official, we are of the opinion that sufficient cause has been made out to condone the delay.
Accordingly, delay of 42 days, as confirmed by the office, is condoned.
5.
Application stands disposed of.
LPA No._______ of 2025
6.
Appeal be registered.
7.
Counsel for the appellants contends that the learned Single Judge has placed reliance upon the earlier order passed by him on 22.03.2024 in CWP No.7376 of 2023, titled H.P. Secretariat & other Affiliated Pensioners Welfare Association Vs. State of H.P. & Ors.
8.
It is pointed out that LPA No.386 of 2024 was filed by the State which was allowed alongwith bunch in LPA No.109 of 2024, titled State of H.P. and another Vs. Roshan Lal Khajuria & another dated 22.05.2025 and the said judgment was set aside and the matter has been listed for
consideration along with CWP No.2108 of 2023, titled Bhagat Ram versus HRTC and others whereby, challenge to the vires has also been made.
9.
Issue notice to respondent No.1 returnable within four weeks, on taking steps within three days.
10. List the matter on 25th September, 2025 along with LPA No. 557 of 2025.
CMP No. _______of 2025 [CMPST No. 20315 of 2024
11. Notice in the aforesaid terms.
12. Operation of
judgment passed by learned Single Judge in CWP No.988 of 2024, titled as Ashwani Kumar Versus HPSEBL & Ors., decided on 29.04.2024, shall remain stayed, till the next date of hearing.
(G. S. Sandhawalia)
Chief Justice
20th August, 2025
(Ranjan Sharma) (himani/shivender]
Judge