2025:HHC:17868 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13250 of 2024 Decided on: 05.06.2025 Lachhmi Devi … Petitioner Versus Himachal Pradesh Ex-Servicemen Corporation & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr.Anshul Attri, Advocate. For the respondents : Mr. Mukul Sood, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following relief:- “i. That the impugned Order dated 2nd August, 2024 (Annexure P-5) may very kindly be quashed and set- aside; and the Petitioner may kindly be allowed to enlist her Truck bearing Registration No.HP-69-5343 with the Respondent; Corporation for cement carriage work at ACC Barmana Cement Factory, in the interest of justice.” 2. The petitioner is aggrieved by the act of the respondent- Corporation, which vide Annexure P-5, i.e. order dated 02.08.2024, has de-listed the Truck of the petitioner, bearing Registration No.HP- 69-5343, from the cement transportation work with immediate effect. The reason for delisting of the said truck was that according to the respondent-Corporation, the Truck which was initially listed in the name of late husband of the petitioner, namely, Shri Nanku Ram (an Ex-Serviceman) was purportedly got listed by Nanku Ram 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:17868 by concealing the fact that after his being discharged from the Indian Armed Force, he was gainfully employed with the State Government. 3. It is not in dispute that after the discharge from the Army, the husband of the petitioner was initially engaged on daily wage basis as a beldar in the Himachal Pradesh Public Work Department (HPPWD) and thereafter, his services were regularized. After he superannuated from the service of the HPPWD, he requested the Corporation and his Truck was registered in his capacity as an Ex-Serviceman, which was listed. However, he did not disclose about his engagement with HPPWD after discharge from the Army. 4. Be that as it may, when this case was listed on 23.05.2025, the following order was passed:- “Heard for some time. Though, prima facie this Court does not concurs with the submission of the petitioner that the impugned act of the respondents is bad in law, however, taking into consideration the peculiar facts of the case let learned counsel appearing for the Corporation have instructions as to whether the truck of the petitioner can be attached temporarily for some time. List on 05.06.2025.” 5. Today, learned counsel appearing for the respondent- Corporation has handed over a copy of Instructions, dated 04.06.2025, which read as under:- “1. Please refer to the Hon'ble High Court of HP order 3 2025:HHC:17868 dated 23.05.2025 in CWP No. 13250 of 2024. In this context, it is intimated that this Corporation is attaching and delisting the truck of Ex-servicemen in compliance of Hon'ble High Court of Judgment CWP 2402 of 2008 decided on 06.01.2011. The truck of the petitioner Smt. Lachhmi Devi W/o late Sh. Nanku Ram was delisted on 02.08.2024 due to re-employment of late shri Nanku Ram in the HPPWD Department. 2. After the delisting of truck of Smt. Lachhmi Devi. 169 Ex-servicemen from the waiting list have been issued the letters for attachment of truck out of which 63 Ex- servicemen have attached their truck after completing the codal formalities. 3. In view of the above, this Corporation can allow the petitioner to ply her truck till the new Ex- serviceman from the waiting panel/list gets his truck attached.” 6. Learned counsel for the petitioner submits that in the light of the Instructions, the proceedings be disposed of. He submitted that the petitioner further undertakes that she will not state any claim for the listing of her Truck permanently with the respondent-Corporation as and when a Truck is listed by the Corporation for the waiting list. The statement of learned counsel for the petitioner is taken on record. 7. The petition is disposed of with the observation that let the Truck of the petitioner be attached for the purpose of transportation of cement till the new Ex-Servicemen from the waiting list get his/her Truck attach. Thereafter, she will have no 4 2025:HHC:17868 right seeking continuation of attachment of her Truck for said purpose. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge June 05, 2025 (Rishi)