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2025 DAILYLAW 22235 (HP)

GEETA RAM v. THE SECRETARY (MPP AND POWER) AND OTHERS

CWP/12286/2024 · 2025-07-25

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12286 of 2024 Decided on: 25th July, 2025 ------------------------------------------------------------------------------------- Geeta Ram …..Petitioner Versus The Secretary (MPP & Power) and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Rakesh Kumar Sharma, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 and 3. Mr. Virender Singh Kanwar, Advocate, for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition has been filed for the grant of following substantive reliefs:- “(i) Issue a Writ of Certiorari by modifying the notification dated 30-7-2022 i.e. Annexure P-8 with a direction to the respondents that the 4% promotional quota for disabled person may kindly be provided from the date i.e. 30-06-2016 as has been provided by the Government of India vide its notification dated 28-12-2023 and the same has been provided by the State Government vide notification dated 27-08-2024,in view of the judgment of Hon'ble Supreme Court of India i.e. Rajeev Kumar Gupta's case decided on 30-06-2016. (ii) That the impugned order dated 03-09-2022 [Annexure P-9] for exemption not to provide 4% reservation quota 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 for disabled persons may kindly be quashed and set aside. (iii) That the respondents department may kindly be directed to consider the case of the petitioner for further promotion i.e. Foreman from the back date as and when the petitioner was fully eligible for further promotion in the year 2016 and grant all the consequential benefits accidental thereof.” 2. On 02.07.2025, learned counsel for the respondents were directed to have instructions as to whether the case of the petitioner is covered by the decision rendered in Pawan Kumar Vs. Himachal Pradesh Vidhan Sabha2. 3. During the course of hearing today, learned counsel for respondent No.2 has placed on record copy of office order dated 09.07.2025, promoting the petitioner as Assistant Lineman w.e.f. 30.06.2016 to onwards against supernumerary posts on notional basis. Financial benefits of promotion have been made admissible from the date he assumes charge of the promoted post. 4. Learned counsel for the petitioner submits that the above office order has redressed the grievance of the petitioner. In view of above, the writ petition to stand disposed of as the relief prayed for by the petitioner has 2 CWP No.1871 of 2025, decided on 25.02.2025 3 now been granted to him. Pending miscellaneous application(s), if any, also sand disposed of. Jyotsna Rewal Dua July 25, 2025 Judge Mukesh