Anupama Vs State of Hp and Another — Himachal Pradesh HC (2025) — LawSathi Research

Anupama Vs State of Hp and Another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with a direction to the respondents to consider and decide the petitioner's representation (Annexure P-2) in light of the judgments in Himachal Government Teachers Union and Narinder Singh Thakur (supra), expeditiously, preferably within four weeks, after affording the petitioner an opportunity of being heard and passing a speaking order; pending applications, if any, stand disposed of.

Issue for consideration

Whether the respondents should consider and decide the petitioner's representation in the light of the judgments of this Court in Himachal Government Teachers Union (CWPOA No. 1453 of 2020) and Narinder Singh Thakur (CWPOA No. 2782 of 2019).

Court's answer

Without going into the merits of the case, the Court disposed of the writ petition with a direction to the respondents to consider and decide the petitioner's representation in light of the judgments passed by the Coordinate Bench of this Court in Himachal Government Teachers Union and Narinder Singh Thakur.

Ratio / Principle

The representation is to be considered and decided expeditiously, preferably within a period of four weeks.

Key takeaways

While deciding the representation, the authority concerned shall afford an opportunity of being heard to the petitioner and pass a speaking order thereafter.ratio¶7

Detailed headnote1 paragraphs

Writ Petition (CWP No.1377 of 2025, High Court of Himachal Pradesh, Shimla; Sandeep Sharma, J.; decided 05.03.2025): Disposed of without adjudicating merits, on the joint stand of counsel. Counsel for the petitioner stated that she would be content if her pending representation were considered in light of this Court's judgments in Himachal Government Teachers Union (CWPOA No. 1453 of 2020) and Narinder Singh Thakur (CWPOA No. 2782 of 2019); learned Additional Advocate General did not object. The Court directed the respondents to consider and decide the representation (Annexure P-2) in light of the said coordinate-bench judgments, expeditiously, preferably within four weeks, after affording the petitioner an opportunity of being heard and by a speaking order. Pending applications disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.1377 of 2025 Date of Decision: 05.03.2025

_____________________________________________________________________ Anupama ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Aashima Premy, Proxy counsel for Mr. Vaibhav Tanwar, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Learned counsel representing the petitioner, on instructions, states that petitioner would be content and satisfied in case her representation is considered and decided in the light of judgments passed by this Court in CWPOA No. 1453 of 2020 titled as Himachal Government Teachers Union & Ors. Vs. State of Himachal Pradesh & Ors. and CWPOA No. 2782 of 2019 titled as Narinder Singh Thakur & Ors. Vs. State of Himachal Pradesh & Ors .

While putting in appearance on behalf of respondents, Mr. Vishal Panwar, learned Additional Advocate General, states that he is not averse to aforesaid innocuous prayer made on behalf of the

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petitioner and representation, if any, filed by the petitioner shall be considered and decided expeditiously.

Consequently, in view of the aforesaid fair stand adopted by learned Additional Advocate General, coupled with the fact that petitioner has already filed representation for redressal of his grievance (Annexure P-2) , this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the representation of the petitioner in light of judgment passed by Coordinate Bench of this Court in Himachal Government Teachers Union and Narinder Singh Thakur (supra) , expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass speaking order thereafter. Pending applications, if any, stand disposed of.

March 05, 2025 (Sandeep Sharma), (sunil) Judge