Bhawani Vs. State of Himachal Pradesh & Ors. CWP No. 1885 of 2024 12.08.2025 Present: Mr. Vivek Singh Thakur, Advocate, for the petitioner. Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents-State. Mr. Rajinder Singh Thakur, Advocate, for the respondent No. 3. CMP No. 19162 of 2025 By way of instant application, prayer has been made on behalf of the applicant/petitioner to stay order dated 19.06.2025 (Annexure AP-1) (available at page 96 of the paper book), whereby one Mr. Tajinder Kumar has been ordered to be posted as Sanitary Supervisor at Nagar Panchayat Chowari. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vivek Singh Thakur, learned counsel representing the petitioner, is that since vide order dated 13.03.2024, this Court had directed the respondents to maintain status quo qua the functioning of the petitioner, there was no occasion, if any, for the respondents to appoint above named Mr. Tajinder Kumar against the post of Sanitary Supervisor at Nagar Panchayat Chowari. From the averments contained in the application as well as writ petition, this Court finds that petitioner herein, who was working as Peon, was claiming promotion to the post of Sanitary Supervisor, but since such claim of him was not accepted by the respondents, he approached this Court by way of present petition. Vide order dated 13.03.2024, this Court, having taken note of the fact that petitioner is working as Sanitary Supervisor, directed parties to maintain status-quo qua functioning of the petitioner. During the pendency of petition, as detailed hereinabove, respondents have proceeded to appoint Mr. Tajinder Kumar, as Sanitary Supervisor at Nagar Panchayat Chowari, as a result thereof, petitioner, who at present is working against the post in question, has approached this Court in the instant application for staying order dated 19.06.2025 issued by the Director Urban Development, thereby deploying number of persons as Sanitary Supervisors and Accountant on outsource basis at various Nagar Panchayats. Mr. B.C.Verma, learned Additional Advocate General for the respondents-State and Mr. Rajinder Singh Thakur, Advocate, for respondent No. 3, while making this Court peruse order, sought to be stayed, vehemently argued that present application is not maintainable because it is none of the case of the applicant/petitioner that person namely Tajinder Kumar has been posted in place of applicant/ petitioner or pursuant to afore order, petitioner, who claims to have been working against the post of Sanitary Supervisor on 13.03.2024, has been removed. Learned counsel representing the respondents further state that otherwise also, appropriate remedy, if any, for violation of order dated 13.03.2024 is contempt proceedings, but till date no such circumstance exists, as such present application is not maintainable and same is required to be dismissed at the threshold. Having carefully perused order dated 13.03.2024, though this Court is persuaded to agree with afore submissions made by learned counsel representing the respondents, but having taken note of the fact that at the time of passing of order dated 13.03.2024, factum with regard to working of the petitioner against the post of Sanitary Supervisor was brought to the notice of this Court and taking note of such fact, this Court directed the respondents to maintain status quo qua functioning of the petitioner, this Court deems it fit to dispose of the present application with liberty to the respondents to appoint persons on outsource basis against the post of Sanitary Supervisor, but if the petitioner is working against the post of Sanitary Supervisor, he shall not be removed, rather shall be allowed to continue against the post in question, pursuant to order dated 13.03.2024. August 12, 2025 (Sandeep Sharma), (sunil) Judge