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2025 DAILYLAW 32447 (HP)

ANIL KUMAR v. STATE OF HP AND OTHERS

CMP.M/1839/2025 · 2025-10-28

Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj

Civil Appealbody2025

Judgment text

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Anil Kumar vs. State of H.P. & Ors. Item No. S-1 CMP(M) No. 1839 of 2025 28.10.2025 Present: Mr. Mohit Thakur, Advocate, for the applicant/ appellant. Ms. Priyanka Chauhan, Deputy Advocate General, for respondents No. 1 and 2-State. CMP(M) No. 1839/2025 & CMP No. 25719/2025 An application for leave to appeal has been filed alongwith an application for condonation of delay on the ground that the applicant as such was not a party and being adversely affected by the order under challenge passed by the learned Single Judge. It has been averred that the applicant/appellant was appointed as Para Teacher on 03.06.2004 against the post of TGT (Medical) and thereafter regularized on 19.12.2014. By virtue of the order under challenge, the writ petitioners, who were regularized in the year, 2017 have been granted the benefit of their contractual service from the year, 2010 and, therefore, would rank senior in the Revised Seniority List. It is submitted that he was never made a party as such. Learned Single Judge has disposed of the writ petition with the direction to make necessary amendments in view of the judgment passed in CWPOA No. 3435 of 2020, titled Satish Kumar & Ors. vs. State of H.P. & Ors., decided on 23.11.2021, by the Coordinate Bench. It is also pointed out that Civil Appeal No. 10021 of 2025, titled State of H.P. & Anr. vs. Satish Kumar & Ors. was taken up by the Apex Court on 07.10.2025 and the contempt proceedings have been directed to be kept in abeyance and in sum and substance the judgment has been stayed. Keeping in view the fact that the applicant/appellant was not a party to the proceedings, we allow the applications for leave to appeal and condone the delay of one year, one month and seven days in filing of the appeal. Applications stand disposed of. LPA No. ______ of 2025 Appeal be registered. Issue notice. Ms. Priyanka Chauhan, learned Deputy Advocate General, appears and accepts service of notice on behalf of respondents No. 1 and 2. Issue notice to respondents No. 3 to 49, returnable for 09.12.2025, on taking steps within one week. CMP No.____/2025 The application for interim directions be numbered and the same is allowed and the State shall not give effect to the said judgment. (G. S. Sandhawalia) Chief Justice (Jiya Lal Bhardwaj) Judge 28th October, 2025 (sanjeev)