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High CourtsDivision Bench(2020) 09 SHI CK 0135

Ram Sen Negi vs State Of H.P. & Anr

High Court Of Himachal Pradesh · Decided on 10 September 2020

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1995 Of 2020

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Judgment

7 paragraphs · 356 words

Tarlok Singh Chauhan, J

1.

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

That appropriate writ order or direction may very kindly be issued and the impugned order dated 30th June, 2020 (Annexure P-1) is liable to be quashed and set aside, with further direction to the respondent to allow the petitioner to continue functioning as Executive Engineer (Civil) at JSV Division Pooh, District Kinnaur, in the interest of law and justice.

2 Learned Advocate General has placed on record instructions, dated 8.9.2020 received from the department, relevant portion whereof reads as under:-

I am directed to refer to the subject cited above and to say that Sh Ram Sen Negi, Executive Engineer, Jal Shakti Division Pooh, District Kinnaur with the approval of competent authority, in the public interest and on administrative exigency was transferred as Executive Engineer, P&I-II JSV Headquarters Shimla-5 against Sh. Sanjay Kaushal XEN and vice versa vide Notification dated 30.6.2020 (Annexure A-A). Subsequently, on the interim stay granted by the Hon'ble High Court of H.P. vide orders dated 3.7.2020, Sh. Sanjay Kaushal XEN under orders of transfer to JSV Division Pooh has since been adjusted as Executive Engineer, JSV Division Reckong Peo against vacancy vide notification dated 7.7.2020 (Annexure -B) subject to final outcome in the CWP filed by Sh. Ram Sen Negi, XEN. As such Sh. Ram Sen Negi is continuing to be posted as Executive Engineer, JSV Division Pooh.

In view of the above, both the functional posts of Executive Engineer at JSV Division Pooh & JSV Division Reckong Peo are filled up and the department has no objection, if Sh. Ram Sen Negi is allowed to continue as Executive Engineer, JSV Division Pooh. It is therefore, requested that the Hon'ble High Court may pleased to apprised accordingly on next date of hearing on 10.9.2020 or requested to pass appropriate orders as deemed fit in the matter please.

3 Since the grievance of the petitioner stands redressed as he has been ordered to be retained at Pooh, therefore, the instant petition is rendered infructuous and disposed of as such, so also the pending application(s), if any.