Vivek Kumar vs State Of Himachal Pradesh And Another

Ajay Mohan Goel, J

On the last date of hearing, this Court had passed the following order:-

"By way of this writ petition, the petitioner has prayed for the following reliefs:-

(i) "That writ in the nature of mandamus may kindly be issued for directing the respondents more specifically, Respondent No. 2 for implementing Annexure P-5 dated 5th April, 2007 and P-6 dated June, 2008 in letter and spirit and also for considering by candidature of petitioner against the post of Agriculture Development Officer Class-I quota in the recruitment process being conducted by the Respondents in pursuance of Annexure A-7.

(ii) In the alternative, writ in the nature of certiorari may kindly be issued for quashing the entire recruitment process being conducted by the respondents in pursuance to Annexure P-7 being illegal and violative of Section 33 of (The) Persons with disabilities (Equal opportunities, Protection of Rights and full Participation) Act, 1995."

Learned Additional Advocate General submits that the petitioner has already been offered appointment against the post of Agriculture Development Officer under the category of 'Physically Handicapped i.e., Visually impaired', vide notification dated 10th June, 2009.

Faced with the situation, learned counsel for the petitioner submits that he may be granted some time to have instructions.

List on 13.07.2020, to enable learned Counsel for the petitioner to have instructions in the matter."

Mr. Adarsh K. Vashishta, learned Counsel for the petitioner submits that, as per his instructions, though the petitioner has been appointed under the category of physically handicapped, i.e. 'visually impaired' vide notification dated 10.06.2019, however, said appointment was made on contract basis and not on regular basis. He submits that the petitioner will be satisfied in case this petition is closed with liberty to the petitioner to raise his surviving cause, if any, including his right of seeking appointment on regular basis with effect from the date of his appointment on contract basis, by filing appropriate legal proceedings.

In view of the submission so made by learned Counsel for the petitioner, this petition is closed as withdrawn, however, with liberty to the petitioner as prayed for. Pending miscellaneous application(s), also stand disposed of.