Hardeep Kumar vs State Of H.P And Others

Mohammad Rafiq, CJ

This writ petition has been filed by Hardeep Kumar challenging the order, dated 17th September, 2021 (Annexure P­5) by which the services of 35 candidates selected on the post of Junior Technician (Pump Operators) have been sought to be terminated.

Learned counsel for the petitioner, at the outset, invited the attention of the Court towards the order passed by this Court on 1st October, 2021, in CWP No. 5773 of 2021, titled as Shri Sarvesh Kumar and others versus The State of H.P. and others, and submitted that a similar direction be issued in the case of the petitioner as well, who could not join the petitioners in that matter, requiring the respondents to consider the case of the petitioner in the light of the judgment of Hon'ble Supreme Court in Civil Appeal Nos. 429­430 of 2021, titled as Anmol Kumar Tiwari & others versus the State of Jharkhand & others, and also in view of the fact that there are various vacancies available wherein the petitioner could be accommodated, keeping in view the fact that he has already completed more than three years of service.

Having regard to the limited nature of prayer, we dispose of this writ petition by providing that the terms and directions, as contained in the aforesaid order, dated 1st October, 2021, shall mutatis mutandis apply to the case of the petitioner as well and the respondents shall consider the case of the petitioner in accordance with the aforesaid order and do the needful within a period of four weeks. Till then, the petitioner shall not be removed from service.

Pending miscellaneous applications, if any, shall also stand disposed of.

Copy dasti.