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2026 DAILYLAW 20442 (HP)

JASWINDER SINGH @ JASBINDER SINGH v. Himachal Road Transport Corporation

CWP/13484/2026 · 2026-08-12

Jiya Lal Bhardwaj

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13484 of 2026 Decided on: 12.08.2026 ____________________________________________________________ Jaswinder Singh @ Jasbinder Singh ...Petitioner Versus Himachal Road Transport Corporation and another ...Respondents _____________________________________________________________ Coram Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? 1 For the petitioner: Mr. Manohar Lal Sharma, Advocate. For the respondents: Mr. Raman Jamalta, Advocate. Jiya Lal Bhardwaj , Judge (Oral) Heard. Notice. Mr. Raman Jamalta, learned counsel, appears and waives service of notice on behalf of the respondents. 2. By way of present petition, the petitioner has sought direction to the respondents to promote him to the post of Senior Assistant w.e.f. 29.01.2019, since juniors to him in the cadre of Clerk have been promoted. 3. Keeping in view the prayer made in the present petition and the order proposed to be passed in the present petition, reply is not sought from the respondents. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 4. The petitioner has already made representation a dated 23.04.2026 (Annexure P-6) to the Managing Director, HRTC/respondent No.1, which is pending adjudication. 5. The petitioner had earlier approached this Court by way of CWP No.10043 of 2026, titled, Jaswinder Singh @ Jasbinder Singh vs. Himachal Road Transport Corporation & another, which petition was withdrawn by him on 29.06.2026, with liberty to file a fresh petition on the same cause by appending the seniority list in the petition, on the strength whereof, he is seeking relief. 6. Now the petitioner has placed on record final seniority list of Senior Assistant as on 31.08.2025, circulated vide communication September, 2025 (Annexure P-5) and as per the seniority list one of the junior person, who is at serial No.56 was appointed on 22.06.2007, whereas the petitioner as per office order dated 08.12.2023 (Annexure P- 2) is shown to be appointed as Clerk-cum-Typist on regular basis w.e.f. 28.10.2006, after the decision passed by the Hon’ble Supreme Court of India in Civil Appeal Nos.1557- 1564 of 2019 (Arising out of SLP (C) Nos.16158- 16165/2016), titled, HRTC vs. Lekh Ram etc. Once the petitioner has made a representation, highlighting that his 3 juniors have been promoted earlier to him, he may also be considered for promotion against the post of Senior Assistant w.e.f. 29.01.2019, the Managing Director of the respondent-Corporation is under obligation to decide the same. 7. Consequently, the present petition is disposed of with a direction to the Managing Director, HRTC/respondent No.1 to decide the representation (Annexure P-6) made by the petitioner within a period of two months from the date of receipt of copy of the order. Needless to say that in case the representation is decided against the petitioner, he shall be at liberty to avail appropriate remedy in accordance with law. Pending application(s), if any, shall also stand disposed of. 12 th August , 2026 ( Jiya Lal Bhardwaj ) (Anurag) Judge