KISHORE CHAND v. DR. Y.S. PARMAR UNIVERSITY OF HORTICULTURE AND FORESTRY AND ANR
RP/326/2022 · 2025-04-23
Sushil Kukreja, Tarlok Singh Chauhan
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15449 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15449 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:10822 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Review Pet. No. 326 of 2022 Date of decision: 23.04.2025 Kishore Chand …Petitioner Versus Dr. Y. S. Parmar University of Horticulture & Forestry & Anr. …Respondents Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting? For the Petitioner: Mr. Onkar Jairath, Advocate. For the Respondents: Mr. Ramesh Sharma, Advocate, for respondent No. 1. Mr. Nitin Thakur, Advocate, for respondent No. 2. Tarlok Singh Chauhan, Judge (Oral) The instant review petition has been filed by one Mr. Kishore Chand, Assistant Engineer (Public Health) on the ground that the operative portion of the judgment as passed by this Court in CWPOA No. 3464 of 2020, titled as Man Chand vs. Dr. Y. S. Parmar University and Anr., (wherein the applicant was not a party), has adversely affected the applicant, who already stood promoted, reason being that while allowing this writ petition, this Court has quashed the office orders dated 21.07.2018 (Annexure A-10) and 22.12.2018 (Annexure A-13) in its entirety.
2 2025:HHC:10822
2. We have heard learned counsel for the parties and are of the considered view that it was for the University to have considered the directions passed by this Court in its right perspective and the quashing of the office orders dated 21.07.2018 (Annexure A-10) and 22.12.2018 (Annexure A-13) should have been confined to the parties to the lis, but since the respondent No.1-University has not chosen to do so, therefore, we accordingly review the judgment dated 10.05.2022, passed in CWPOA No. 3464/2020 and substitute para 15 as under:-
“15. Accordingly, the writ petition is allowed and office orders dated 21.07.2018 (Annexure A-10) and 22.12.2018 (Annexure A-13) are quashed and set aside so far as it relates to the promotion of respondent No. 2 herein and direct the respondent No. 1 to promote the petitioner to the post of Assistant Engineer (Design) w.e.f. 2011 alongwith all consequential benefits. In the peculiar facts and circumstances of the case, parties are left to bear their own costs.”
3. The petition stands disposed of in the aforesaid terms, so also pending applications, if any. (Tarlok Singh Chauhan)
Judge (Sushil Kukreja) 23rd April, 2025
Judge (sanjeev)