Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Review Petition No. 19 of 2025
Date of decision: 22.8.2025. Zila Parishad, District Solan & another ...Petitioners.
Versus
Suresh Kumar
...Respondent.
Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice.
The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1 For the petitioners : Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta, Addl. A.G.
For the respondent : Mr. P.D. Nanda, Advocate. ------------------------------------------------------------------------------
G.S. Sandhawalia, Chief Justice (Oral):
This Review Petition has been filed by the State against the order dated 13.6.2024, whereby directions were issued for regularization of the services of the writ petitioner while allowing the appeal filed by the employee.
2.
The objection now raised is that since there were criminal proceedings pending against the writ petitioner, therefore, his case for regularization could not be considered. The said aspect was duly noted in the order and also that the FIR was registered in the year 2010, and the prosecution had
1 Whether reporters of Local Papers may be allowed to see the judgment?
-2-
taken nine years to file the charge-sheet i.e. on 6.8.2019 and in case of any conviction, he would lose his employment under the applicable law.
3.
It is not in dispute that even at this stage, the prosecution evidence is still in progress. The employee was engaged as Panchayat Sahayak on part time basis in the year 1999 and thus, the relief of regularization was granted from the date, when the services of his juniors were regularized.
4.
Keeping in view the peculiar
facts and circumstances, no case is made out to review the order, as the
order has been passed keeping in interest and balancing the same of both employee and the State.
5.
Accordingly, the review petition is dismissed. The stay granted vide order dated 11.4.2025 shall stand vacated. Pending applications, if any, also stand disposed of.
6.
Learned State counsel seeks and is granted six weeks time for compliance of the order dated 13.6.2024.
(G. S. Sandhawalia)
Chief Justice
(Satyen Vaidya)
Judge
22nd August, 2025
(kck)