Disposed

Monika Sharma v. State of Hp and Another

Himachal Pradesh HC1 Sept 2023CWP/3824/2023

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh disposed of a writ petition for a medical laboratory technician. Relying on a prior judgment mandating appointment, the court directed the respondent to consider the petitioner's case within four weeks without examining merits.

What did the court decide?

Direct respondent to consider petitioner's appointment case in light of prior judgment within four weeks.

Monika Sharma Vs State of Hp and… — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No.3824 of 2023

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Decided on: 1^st September 2023

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_________________________________________________________________ Monika Sharma ....Petitioner Versus State of H.P. & Anr. …Respondents ________________________________________________________________ Coram_

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Ms. Justice Jyotsna Rewal Dua

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1 Whether approved for reporting?

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_________________________________________________________________ For the petitioner: Mr. Yogesh K. Chandel, Advocate. For the respondents: Mr.Anup Rattan, Advocate General with Mr. Rupinder Singh Thakur & Additional Advocate General, Ms. Seema Sharma, Deputy Advocate General .

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Jyotsna Rewal Dua, Judge

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The petitioner has filed the present petition for grant of following substantive relief: -

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“(i) That the writ in the nature of certiorari may kindly be issued to quash and set aside Oral rejection of the petitioner’s candidature for MLT Grade-II batch wise recruitment initiated as per Annexure P-3.

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(ii) That the respondent department may kindly be directed to consider the petitioner for

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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selection and appointment in her applied General Category, on the strength of annexure P-2 and P-16 to MLT Grade-II 2020 year batch wise selection/ appointment, process for which initiated as per annexure P-3.”

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2. Learned counsel for the petitioner submitted that

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the case of the petitioner and the relief prayed for by her have already been adjudicated upon in CWP No. 2769 of

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2023 (Yogesh and other Vs. State of Himachal Pradesh

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and another) decided on 09.08.2023. In terms of the said judgment, the respondents were directed to consider the case of the petitioner (therein) for appointment against the post of Medical Laboratory Technician Grade-II on batch-wise basis.

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3. On 25.08.2023, learned Deputy Advocate General

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was directed to have instructions as to whether the decision

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in Yogesh’s case supra had been implemented by the State or not.

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4. During the course of hearing today, learned Deputy Advocate General, on the basis of instructions, submitted that the case of the petitioner is covered by the decision dated 09.08.2023 passed in Yogesh’s case supra.

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She further submitted that the aforesaid judgment has attained finality and the respondents have decided to implement the same.

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5. Having regard to above submissions and without examining the merits of the matter, this petition is disposed of by directing respondent No.2/competent authority to consider the case of the petitioner in light of the aforesaid judgment and take decision thereupon in accordance with law within a period of four weeks from the date of receipt of copy of this order. The decision so arrived at, shall also be communicated to the petitioner.

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Pending miscellaneous application(s), if any, also to stand disposed of.

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Jyotsna Rewal Dua Judge

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September 01, 2023 R.Atal

Monika Sharma v. State of Hp and Another

Case brief

What is this about?

What did the court decide?

Monika Sharma v. State of Hp and Another

Case brief

What is this about?

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