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High Court of Himachal Pradesh · body

2025 DAILYLAW 36261 (HP)

MOHINDER PAL v. THE CEO-CUM-SECRETARY HIMUDA AND ANOTHER

CWP/14250/2025 · 2025-11-11

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14250/2025 Decided on: 11.11.2025 Mohinder Pal …Petitioner Versus CEO-cum-Secretary & Anr. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Mohit Sharma, Advocate. For the respondents: Mr. C.N. Singh Advocate. Jyotsna Rewal Dua, J This writ petition has been filed for the grant of following substantive reliefs: - “(i) That the respondents may kindly be directed to convene the DPC and consider the case of the petitioner for promotion to the post of Assistant Engineer (Electrical) in accordance with the R&P Rules against the vacant post under the applicable quota by issuing a writ in the nature of mandamus. (ii) That the respondents may kindly be directed to decide the representation of the petitioner contained in Annexure P- 5 in a time bound manner by issuing a writ in nature of mandamus. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 2. The grievance of the petitioner was noticed as under in the order passed on 03.09.2025 in this writ petition: - “Notice. Mr. C.N Singh, learned Counsel, appears and waives service of notice on behalf of the respondents. According to the petitioner, he is serving as Junior Engineer (Electrical). As per the pleaded case, he is at Sr. No.1 of the seniority list and is the only diploma holder, meeting the criteria for promotion under 50% promotion quota. Petitioner further asserts that two posts are currently available in the cadre of Assistant Engineer (Electrical), despite this, respondents are not considering his case for promotion. Let the respondent file reply within four weeks, inter-alia, meeting the above contention of the petitioner. List after four weeks.” 3. Respondents have filed the reply to the writ petition pleading therein that:- Previously four posts of Assistant Engineers (Electrical) were sanctioned; Out of four posts, two posts were filled up and remaining two were lying vacant; The process of rationalization of staff and restructuring of offices in HIMUDA was initiated on 14.03.2024; The proposal of rationalization of staff was placed for approval before the Service Committee in its meeting held on 01.08.2025; The said proposal was approved by the Service Committee and further by the Board of Directors of HIMUDA in its 57th Meeting held on 02.09.2025; In view of this development, only two sanctioned posts of Assistant Engineers are there with the 3 respondent and both these posts are filled up as of now. No post of Assistant Engineer is lying vacant. 4. Learned counsel for the petitioner submitted that the above developments, which have taken place after filing of the writ petition, have rendered the writ petition infructuous at this stage, therefore, petitioner be permitted to withdraw the present petition with liberty to seek appropriate remedy for the redressal of his grievances including assailing the recent decisions taken by the HIMUDA. In view of above, this writ petition is dismissed as withdrawn with liberty as prayed for by the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 11th November, 2025(rohit)