Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4121 of 2025
Date of Decision: 22.3.2025 _____________________________________________________________________ Heera Ram ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Parkash Sharma, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
By way of instant petition, petitioner has prayed for the following main relief:-
“(i). That the respondent No.2 may kindly be directed to consider and decide the representation at Annexure P-5 (colly), of the petitioner for promotion to the post of Principal under 4% reservation for the Persons with Benchmark Disabilities (PwBDs) against the posts identified for each disability as per instruction dated 6.7.2022 at Annexure P-4 under clause 2.2 (a) &(b), within a time bound manner”
2. Before reply, if any, from the respondents could be received, learned counsel representing the petitioner, on instructions, states that petitioner would be content and satisfied in case
- 2 - representation having been filed by him, is ordered to be decided in a time bound manner. 3. Careful perusal of averments contained in the petition, which is duly supported by an affidavit reveals that petitioner herein, who at present is working as Lecturer Hindi, is seeking promotion to the post of Principal under 4% reservation for the persons with benchmark disabilities (PwBDs) against the higher post as per instructions dated 6.7.2022 (Annexure P-8) under clause 2.2(a) and (b). 4. Since it is not in dispute that Government of Himachal Pradesh taking note of judgment passed by the Hon’ble Apex Court in Civil Appeal No. 1567 of 2021 titled Siddaraju v. State of Karnataka, has already issued notification thereby providing reservation for promotion to the category of person with benchmark disabilities, this Court finds no impediment in accepting the innocuous prayer made by the petitioner as detailed herein above. 5. Learned Additional Advocate General while accepting notice on behalf of the petitioner fairly states that representation (Annexure P-5 Colly.), if not already decided, shall be decided expeditiously. 6. Consequently, in view of the above, this court without going into the merits of the case, deems it fit to consider and decide the pending representation, expeditiously, preferably, within four
- 3 - weeks.
Ordered accordingly. Needless to say, authority concerned while doing the needful shall afford an opportunity of hearing to the petitioner and pass appropriate orders taking note of judgment passed by the Hon’ble Apex Court as well as notification issued by the Government of Himachal Pradesh, providing reservation for the PwBD. Pending applications also stand disposed of accordingly. March 22, 2025
(Sandeep Sharma), (manjit)
Judge