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2025 DAILYLAW 9949 (HP)

ASHOK KUMAR v. THE HRTC AND OTHERS

CWP/6458/2025 · 2025-05-22

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6458 of 2025 Decided on: 22nd May, 2025 ------------------------------------------------------------------------------------- Ashok Kumar …..Petitioner Versus Himachal Road Transport Corporation and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. H.S. Rangra, Advocate. For the Respondents: Ms. Shrutika, Advocate vice Mr. Dheeraj K. Vashisht, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Ms. Shrutika, Advocate vice Mr. Dheeraj K. Vashisht, learned Counsel, appears and waives service of notice on behalf of the respondents. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. The writ petition has been filed for the grant of following substantive reliefs:- “A. That writ in the nature of mandamus may very kindly be issued directing the respondent Corporation to consider the case of the petitioner for regular appointment after completion one year with all consequential benefits particularly fixation of pay scale 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 and arrear therefrom in view of R&P Rules/policy applicable at the time of appointment of the petitioner. B. That the directions may kindly be issued to the respondent Corporation to presume the petitioner in regular service with effect from 23.12.2005, i.e., after the completion of one year service, keeping in view the judgment passed in CWPOA No.2343/2020 alongwith all consequential benefits as granted by this Hon’ble Court. C. That the respondent Corporation may also be directed to decide the representation dated 23.10.2023, Annexure P-5, within time bound manner.” 4. Learned counsel for the petitioner submits that the petitioner has preferred representations to respondent No.2 on 31.12.2013 and 23.10.2023 (Annexure P-5 Colly.) for claiming the above reliefs. Learned counsel further submits that the petitioner would be content in case respondent No.2/competent authority is directed to decide the aforesaid representations within a fixed time schedule. Learned vice counsel appearing for the respondents is not averse to this prayer. 5. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with direction to the respondents/ competent authority to consider and decide the aforesaid representations of the petitioner dated 31.12.2013 and 23.10.2023 (Annexure P-5 Colly.) in accordance with law within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner. 3 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua May 22, 2025 Judge Mukesh