High CourtsDivision Bench(2020) 06 SHI CK 0151

Jyoti Pathania vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 29 June 2020

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1015 Of 2020

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Judgment

7 paragraphs · 387 words

Tarlok Singh Chauhan, J

1.

The instant petition has been filed for grant of following substantive reliefs:-

(i) That the writ in the nature of certiorari may kindly be issued for quashing the impugned order as contained in waiting list dated 24.02.2020 (Annexure P-7), when all the petitioner's particular have come in the merit list at Sr. No. 2 i.e. Annexure P-6 dated 18/20.01.2020 except her sur-name, when the petitioner has found to be in merit list of the counselling held 03 years back i.e. on 17.07.2017 and the respondent No. 4 is kept in the waiting list, when no registered letter has been received by the petitioner 'or' her mother residing at the only available address at any point of time, as mentioned in Annexure B of Annexure P-6 dated dated 18/20.01.2020 at Sr. No. 5(bottom), when the name of the petitioner has been changed as 'Jyoti Sharma' instead of 'Jyoti Pathania', in the interest of law and justice.

ii) That a writ in the mandamus may kindly be issued directing the respondents to accept the joining of the petitioner as JBT (contract basis) w.e.f. 15 days of passing of Annexure P-6 dated 18/20.01.2020 along with all consequential benefits etc., when no fault lies with the petitioner rather the mala fide as alleged in the petition is evident from Annexure P-6 dated 18/20.01.2020 & P-7 dated 24.02.2020, in the interest of law and justice.

Iii) That an enquiry in the matter may kindly be ordered and the culprits may kindly be brought to the books have acted in the manner just to deny the legitimate right of the petitioner to hold the post of JBT (Contract basis).

2 It is not in dispute that, after notice was issued to the respondents-State, the petitioner has been appointed as JBT vide order dated 25.6.2020 and has joined as such on 27.6.2020, thereby rendering the instant petition to be infructuous.

3 In view above, the petition is disposed of, as having become infructuous, so also the pending application(s), if any. However, since the petitioner has suffered for no fault of her, her appointment shall relate back to the date, when the other persons, who were similarly situated to the petitioner, were appointed and the inter se seniority shall be governed by order of merit. No order as to costs.