Disposed

Nripjeet Singh Thakur and Anr. v. State of Hp and Anr.

Himachal Pradesh HC2 Mar 2022CWP/1114/2022

Case brief

AI extract

What is this about?

This High Court of Himachal Pradesh disposed of a writ petition filed by two Senior Assistants in the Forest Department seeking promotion. The Court directed the respondents to pass a final order on the pending representation within three months.

What did the court decide?

Direction to respondents to pass final order on the representation of the petitioner within a period of three months.

Nripjeet Singh Thakur and Anr. Vs… — Pension and Retirement Benefits | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 2^nd DAY OF MARCH, 2022

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BEFORE

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,

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CHIEF JUSTICE

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HON’BLE MS. JUSTICE JYOTSNA REWAL DUA

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CIVIL WRIT PETITION No.1114 of 2022

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Between:-

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1. SH. NRIPJEET SINGH THAKUR SON OF SH. KHUSHI RAM, RESIDENT OF VILLAGE KOTGARH, P.O. AND TEHSIL KOTGARH, DISTT. SIRMOUR, H.P. PRESENTLY SERVING AS A SENIOR ASSISTANT IN FOREST CIRCLE SHIMLA, H.P. AGED 53

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2. SH. RAJESH VERMA SON OF SH. RAM SARAN VERMA, RESIDENT OF VILLAGE MALYANA, TEHSIL AND DISTT. SHIMLA, H.P. PRESENTLY SERVING AS A SENIOR ASSISTANT IN FOREST DEPARTMENT EQUO TOURISM, SHIMLA, H.P.

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…..PETITIONERS

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( BY SH. A.K. GUPTA, ADVOCATE )

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AND

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1. STATE OF H.P. THROUGH THE PRINCIPAL SECRETARY

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(FORESTS) WITH HEADQUARTERS AT SHIMLA-2, H.P. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS WITH HEADQUARTERS AT SHIMLA, H.P.

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…..RESPONDENTS

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(BY SH. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. NAND LAL THAKUR, ADDITIONAL ADVOCATE GENERAL)

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This petition coming on for orders this day, Hon’ble

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Mr. Justice Mohammad Rafiq, passed the following:

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O R D E R

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This writ petition has been filed by petitioners, namely,

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Nripjeet Singh and Rajesh Verma, who are working as Senior Assistants in the Forest Department, with a prayer that the respondents may be directed to grant them promotion on the said post from the date their juniors were promoted in the light of the

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law propounded by this Court in COPC No.809 of 2015 , titled Ram Prakash Sharma and others vs. State of H.P , on 9.11.2016 and CWP No.6116 of 2011, titled Nand Lal & others vs. State of H.P. & others , on 21.6.2012.

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2 Learned counsel for the petitioners in the course of arguments has invited attention of this Court towards communication dated 24.9.2019 sent by the Principal Chief Conservator of Forests (HoFF) Himachal Pradesh to the Additional Chief Secretary (Forests) to the Government of Himachal Pradesh.

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Perusal of the aforesaid communication reveals that the same is originated from the representation made by the writ petitioners along with two others, namely, Shambu Daya and Anil Kumar. It appears from the said communication that the respondents have to get the matter examined by the Law Department, whether the benefit so given to the petitioner Sh.Nand Lal & others is to be rendered to the officials of Forest Department or otherwise, so that further action could be taken to decide the representation. This clearly shows that the representation filed by the petitioner is still pending consideration with the respondents. The aforesaid communication was sent about more than 1½ years and the respondents have not taken any final view of the matter.

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