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2025 DAILYLAW 28467 (HP)

Indira Devi v. STATE OF HP

CMP-T/13/2025 · 2025-01-09

Ranjan Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Indira Devi Versus State of H.P. & ors. CWPOA No. 6079 of 2020 9.1.2025 Present: Mr. Narender Sharma, Advocate, for the petitioner. Mr. Ajeet Sharma, Deputy Advocate General, for the respondents-State. Mr. Prakash Chand, Advocate, for respondent No.3. Mr. Sanjeev Bhushan, Senior Advocate, with Mr. Rakesh Kumar, Advocate, for respondent No.4. None for respondent No.5. CMP-T No.13 of 2025 Applicant-petitioner, (Indira Devi), has filed the instant application under Section 151, CPC seeking modification of Interim Orders dated 27.7.2018 passed by Learned State Administrative Tribunal, in OA(M) No.250/2018, (re-numbered as CWPOA No.6079 of 2020). 2. This application has been preferred on the ground that respondents appointed the petitioner as Staff Nurse in 1995 on adhoc basis and was regularized as such in March, 1997. Thereafter she was promoted as Sister Tutor on 6.6.2016, Annexure A-4. Next promotional post of petitioner, being Sister Tutor was that of Sister Tutor-cum- Clinical Instructor and since applicant had some grievance, with respect to non-promotion or denial of promotion, therefore, the applicant filed the present OA(M) No.250 of 2018 [re-numbered as CWPOA No.6079 of 2020] wherein, the State Administrative Tribunal passed an order on 27.7.2018, directing that “status quo as on date be maintained”. 3. Mr. Narender Sharma, learned counsel for the petitioner submits that after passing of status quo orders on 27.7.2018, no promotions for the post of Sister Tutor-cum-Clinical Instructor were made but the respondents designated the petitioner and others as Sister Tutor-cum-Clinical Instructor in the year 2018 and even thereafter. Learned counsel submits that now the applicant has filed the present application for vacation or modification of interim orders dated 27.7.2018, so as to enable the respondents to consider the petitioner as well as other eligible candidates for promotion to the post of Sister Tutor-cum-Clinical Instructor in accordance with the Rules. 4. Upon listing of this application today, the prayer for modification is not opposed either by State Authorities [respondents No.1 and 2] or by private respondents No.3 to 5 herein, who are duly represented. 5. Taking into account the averments made in the application and the fact that non-applicants have not opposed the application and the fact that the modification/vacation of interim orders dated 27.07.2018 will only enable the non-applicants/State Authorities to fill up the promotional post, therefore, the application for vacation/modification of stay is accepted in following terms: (i) Status quo order dated 27.07.2018 [in OA(M) No.250 of 2018, re-numbered as as CWPOA No.6079 of 2020] i.e. in instant petition shall stand vacated; (ii) State Authorities-Respondents are directed to go ahead with the promotions to the post of Sister Tutor-cum-Clinical Instructor, strictly in accordance with Rules including Annexures A-4 and A-5; (iii) Clarified that promotions, if any, made hereinafter, shall be subject to the outcome of instant petition. In aforesaid terms, the application with consent of parties through learned counsel(s) is disposed of. January 9, 2025 (mamta) (Ranjan Sharma) Judge