Writ petition regarding closure of dispensary and re-engagement as outsourced pharmacist allowed via terms allowing transfer to alternative sites or re-instatement if site reopens.
Petitioner allowed to join at Power House site of Sainj HEP or Matla; offered posting at Sarabai if dispensary reopens.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.759 of 2017 Date of decision: 06.07.2017
Som Dutt Sharma .Petitioner Versus Himachal Pradesh Power Corporation & others . Respondents
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice The Hon’ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting?
For the petitioner: Mr.C.N. Singh, Advocate. For the respondents: Mr.Sunil Mohan Goel, Advocate, for respondents No.1 to 3. Mr.Sanjeev Kuthiala, Advocate, for respondent No.4.
________________________________________________________________________________ Sanjay Karol, Acting Chief Justice (oral)
Mr.Sunil Mohan Goel, Advocate, has placed on
record instructions, dated 5th July, 2017, copy whereof has also been supplied to learned counsel for the petitioner, which read as under:
“With reference to subject cited writ petition, I am directed to intimate your good self that the dispensary at Sarabai of Sainj HEP has been closed w.e.f. 01.06.2017, as per the directions/approval of Competent Authority, HPPCL. Hence the services petitioner Sh.Som Dutt Sharma, as pharmacist (On outsource basis) are not more required at Sarabai. Further that if the petitioner withdraw the present case then his case for engagement as Pharmacist/Assistant Chemist on outsource basis at Power House site of Sainj
2
HEP or at Matla may be considered by HPPCL as per its policy in this regard.”
(a) Petitioner shall be at liberty to join as Pharmacist (on outsource basis) at either of the sites convenient to him i.e. Power House site of Sainj HEP or at Matla; and
(b) In the event of dispensary being opened at Sarabai, petitioner shall be offered
appointment/posting on outsource basis at the said site.
With these directions, the petition stands disposed of, so also the pending application(s), if any.
July 6, 2017 ( Sandeep Sharma ) (vt) Judge
Som Dutt Sharma
Himachal Pradesh Power Corporation
Sanjay Karol
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
