LAWS(HPH)-2012-7-182

JAGDISH KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On July 19, 2012
JAGDISH KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THE writ petition is filed with the following prayers:- "i) To quash & set aside impugned order at Annexure P-8 dated 23rd September, 2009 passed by Principal Secretary (fisheries) to the Government of Himachal Pradesh, Shimla-171002, (HP)- respondent No.1 by issuing writ of Certiorari. ii) To command the respondent Nos. 1 and 2 to extend the benefits of pension & General Provident Fund in respect of the petitioners by issuing writ of mandamus, as they have been absorbed permanently in the Department of Fisheries without their consent & willingness. iii) to direct the Respondent No.3 to continue the lien of the petitioners in the HP State cooperative Milk Producers' Federation Ltd. (parent department of the petitioners) pending final disposal of the present writ petition, by issuing writ of mandamus. iv) THE respondents may further be directed to consider the case of the petitioners for grant of their promotions to the next higher post(s) out of quota fixed for Class-IV employees on regular basis after issuing writ of mandamus".

(2.) IT is submitted by the learned counsel for the petitioners that the issue has been considered by the learned Single Judge of this Court on 19th August, 2010 in CWP No. 2634 of 2009 and CWP No. 2903 of 2009 and according to the petitioners, the judgment has attained finality and the same has been implemented also. If that be so, a similar treatment shall be extended to the petitioners herein also. The needful shall be done by the second respondent/ competent authority within a period of three months from the date of production of a copy of this judgment alongwith copy of judgment referred to above by the petitioners.