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2026 DAILYLAW 10283 (HP)

TEK SINGH v. RAKESH KANWAR AND OTHERS

COPC/237/2026 · 2026-05-26

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No. 237 of 2026 Decided on: May 26 , 2026 Tek Singh ...Petitioner Versus Rakesh Kanwar, Pr. Secretary (Education), to the Government of H.P. & Ors. ...Respondents Coram: Ms. Justice Jyotsna Rewal Dua, Judge 1Whether approved for reporting? For the petitioner : Sh. Kush Sharma, Advocate. For the respondents : Mr. Rajat Choudhry, Assistant Advocate General. Jyotsna Rewal Dua, Judge Petitioner alleges violation of directions issued in Tek Singh vs. State of Himachal Pradesh & Ors.2. The said writ petition was disposed of as under: - “5. In view of the factual position, notwithstanding the order dated 11.03.2024 (Annexure P-7), this writ petition is disposed of by permitting the petitioner to file a fresh representation to respondent No. 2/competent authority 1Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 CWP No. 16680 of 2025, decided on 28.10.2025. 2 within two weeks from today, whereafter, the same shall be considered and decided by the said authority in accordance with law as well as taking into consideration the above judgments in the cases of Yashwant Singh3 and Lalit Sen4 within a period of six weeks thereafter. The decision so arrived at shall also be communicated to the petitioner.” 2. Heard learned counsel for the parties and considered the case file. 3. Respondents have filed compliance affidavit dated 29.04.2026. In terms of the compliance affidavit the representation preferred by the petitioner was considered in view of the directions issued in Tek Singh2. In terms of the aforesaid decision the case of the petitioner is required to be considered in accordance with Yashwant Singh3 and Lalit Sen4. The respondents have further pleaded that case of the petitioner had been considered vide office order dated 24.04.2026. Since the decision rendered in Lalit Sen4 has been assailed by the State in LPA No. 87 of 2026 wherein under order dated 23.04.2026 the said decision has been stayed during the pendency of the appeal. In view of the decision rendered in Lalit Sen4 having been stayed the consideration order passed in 3 CWP No. 342 of 2021, decided a/w connected matters on 31.08.2022. 4 CWP No. 10783 of 2024, decided on 07.10.2025. 3 the case of the petitioner was to the effect that further decision in petitioner’s case will be taken after final outcome of Lalit Sen4. 4. Taking note of the compliance affidavit and the consideration order passed by the respondents on 24.04.2026 and also keeping in view the order dated 23.04.2026 passed in LPA No. 87 of 2026 (State of Himachal Pradesh vs. Lalit Sen), at this stage it cannot be said that respondents have violated the directions issued in Tek Singh2. Accordingly the present proceedings are closed at this stage. Notices issues to the respondents are discharged. Liberty, however, is reserved to the petitioner to seek appropriate remedy for the redressal of his grievances, at an appropriate stage, in accordance with law. Pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua, Judge May 26 , 2026 (PK)