CWP(T) No. 8385 of 2008 16.12.2010 Present: Mr. R. K. Gautam, Senior Advocate with Mr. Vikrant Chandel, Advocate, for the petitioner. Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General, for respondent No. 1 Mr. Vikrant Chandel, learned counsel for the petitioner submits that the supplementary affidavit has been filed in the Registry. The Registry is directed to trace out the same and place it on record today itself, if found in order. 2. List on 18th December, 2010. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) RSA No. 679 of 2008 16.12.2010 Present: Mr. Naveen K. Bhardwaj, Advocate, for the appellants. Mr. Suneet Goel, Advocate, for the respondent. CMP No. 1178 of 2008 Ad-interim order dated 3.6.2009 is made absolute. The application stands disposed of. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) C.S. No. 69 of 2008 16.12.2010 Present: Mr. Sanjeev Kuthiala, Advocate, for the plaintiff. Mr. Rajnish K. Lall, Advocate vice counsel for defendants No. 1 and 2. Ms. Shilpa Sood, Advocate, for defendants No. 3 and 4. Written statement to the amended plaint filed by defendants No. 1 and 2. Ms. Shilpa Sood, Advocate prays for and is granted three weeks' further time to file written statement to the amended plaint on behalf of defendants No. 3 and 4 2. List on 6th January, 2011. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) COPC(T) No. 57 of 2008 16.12.2010 Present: Mr. Virender Singh Rathore, Advocate, for the petitioner. None for respondents. Mr. Virender Singh Rathore, learned counsel for the petitioner prays for and is granted two weeks' further time to take steps for the service of newly added respondents. 2. List after the completion of service. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) No. 57 of 2008 16.12.2010 Present: Mr. Virender Singh Rathore, Advocate, for the petitioner. None for respondents. Mr. Virender Singh Rathore, learned counsel for the petitioner prays for and is granted two weeks' further time to take steps for the service of newly added respondents. 2. List after the completion of service. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) RSA No. 638 of 2007 16.12.2010 Present: Mr. Praveen Chandel, Advocate vice counsel for the appellants. Mr. Neeraj Gupta, Advocate, for respondent No. 1. Mr. Praveen Chandel, learned vice counsel for the appellants prays for and is granted two weeks' time to take steps for bringing on record the legal representatives of deceased respondent No. 3 subject to cost of ` 2000/-. 2. List on 31st December, 2010. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) C.S. No. 68 of 2007 a/w C.S. No. 69 of 2007 & 70 of 2007 16.12.2010 Present: Mr. Neeraj Gupta, Advocate, for the plaintiff. Mr. Rajnish K. Lall, Advocate, for the defendants. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) C.R. No. 78 of 2006 16.12.2010 Present: Mr. Neeraj Gupta, Advocate, for the petitioners. Mr. Ajay Kumar, Advocate, for the respondent. Mr. Neeraj Gupta, learned counsel for the petitioners prays for and is granted three days' time to seek instructions whether his client is ready and willing or not to press this petition, if sufficient time is granted to retain the accommodation. 2. List on 20th December, 2010. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) RSA No. 11 of 1999 16.12.2010 Present: Mr. Neeraj Gupta, Advocate, for the appellants. Mr. Ankush Sharma, Advocate vice counsel for respondents No. 1 and 2. Mr. Romesh Verma, Advocate, for respondents No. 7(a) to 7(d). Power of attorney stands filed on behalf of respondents No. 7(a) to 7(d). List for hearing in the first week of March, 2011. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) C.S. No. 87 of 1996 16.12.2010 Present: Mr. Neeraj Gupta, Advocate, for the plaintiffs. Mr. Rajnish K. Lall, Advocate, for defendants No. 2 & 4. Mr. Suneet Goel, Advocate, for defendants No. 5 and 7. By way of indulgence, one week's further time is granted to deposit the usual publication charges for the service of remaining unserved respondents. 2. List on 23rd December, 2010. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) RSA No. 467 of 2010 16.12.2010 Present: Mr. Nimish Gupta, Advocate, for the appellants. Mr. L.S. Mehta, Advocate, for respondents No. 2 to 4. Arguments heard. Judgment reserved. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) C.R. No. 39 of 2009 16.12.2010 Present: Mr. G.C. Gupta, Senior Advocate with Mr. Pawan Sharma, Advocate, for the petitioner. Mr. Romesh Verma, Advocate, for respondents No. 1. CMP No. 997 of 2010 Mr. Romesh Verma, learned counsel for the respondents No. 1 prays for and is granted a week's time to seek instructions whether he shall be appearing on behalf of respondents No. 2 and 3 as well. 2. List on 23rd December, 2010. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) RSA No. 463 of 2010 16.12.2010 Present: Mr. G.C. Gupta, Senior Advocate with Mr. Pawan Sharma, Advocate, for the petitioner. Mr. Romesh Verma, Advocate, for respondents No. 1. CMP No. 997 of 2010 Mr. Romesh Verma, learned counsel for the respondents No. 1 prays for and is granted a week's time to seek instructions whether he shall be appearing on behalf of respondents No. 2 and 3 as well. 2. List on 23rd December, 2010. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) RSA No. 463 of 2010 16.12.2010 Present: Mr. Yogesh K. Chandel, Advocate for the appellant. Respondents No. 1, 3 and 5 are unserved. Respondents No. 2 and 4 are served. Mr. Yogesh K. Chandel, learned counsel for the appellant prays for and is granted two weeks' time to take steps for the service of respondents No.1, 3 and 5 by filing their correct addresses. 2. List on 31st December, 2010. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) RSA No. 364 of 2010 16.12.2010 Present: Mr. Ashok Kumar Sood, Advocate, for the appellants. Ms. Devyani Sharma, Advocate, for the respondents. Since the appellants/defendants have lost in both the Courts below, list this case for hearing on 4th January, 2011. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) CR No. 106 of 2010 16.12.2010 Present: Mr. Romesh Verma, Advocate, for the appellants. None for respondents. List on 17th December, 2010. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) RSA No. 103 of 2009 alongwith RSA No. 160 of 2005 16.12.2010 Present: Mr. Inderjeet Narwal, Advocate vice counsel for the appellant. Mr. Romesh Verma, Advocate, for respondents No. 1 to 3. At the request of Mr. Inderjeet Narwal, learned vice counsel for the appellant, list on 17th December, 2010. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) CR No. 146 of 2010 16.12.2010 Present: Mr. R. P. Singh, Advocate, for the petitioner. Notice returnable for 4th January, 2011. CMP No. 1377 of 2010 Notice in the aforesaid terms. In the mean time, further proceedings in Case No. 42/10 of 2007, titled Ved Prakash Vs. Surinder Kumar are stayed. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) CR No. 145 of 2010 16.12.2010 Present: Mr. R. P. Singh, Advocate, for the petitioner. Notice returnable for 4th January, 2011. CMP No. 1376 of 2010 Notice in the aforesaid terms. In the mean time, further proceedings in Case No. 45/10 of 2007, titled “Ved Prakash Vs. Surinder Kumar” are stayed. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) CR No. 141 of 2010 16.12.2010 Present: Mr. B.B. Vaid, Advocate, for the petitioners. Mr. Ashok Kumar Sood, Advocate, for the respondents. Heard in part. List this case for final hearing on 5th January, 2011. Records and Particulars be also called for the said date. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) Cr.M.P(M) No. 12 of 2011. 21.01.2011. Present: Mr. J.L.Bhardwaj, Advocate, for the petitioner. Mr.P.K.Sharma, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General and Mr. Vikas Rathore, Deputy Advocate General for the respondent. Since the petitioner has joined the investigation as per the instructions imparted to Mr. P.K.Sharma,Learned Additional Advocate General by Mr. Mahesh Kumar, the order dated 13th January, 2011 is made absolute. The application stands disposed of. Copy 'dasti'. (Rajiv Sharma), Vacation Judge January 21, 2011. (krt) Cr.M.P(M) No. 20 of 2011. 21.01.2011. Present: Mr. Ram Lal Sharma,Advocate, vice Mr. Neeraj Sharma,Advocate for the petitioner. Mr.P.K.Sharma, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General and Mr. Vikas Rathore, Deputy Advocate General. The petitioner has joined the investigation. The application is not opposed. However, in the interest of justice, the petitioner is directed to join the investigation as and when she is required on the basis of the written 'Hukamnama'. Application disposed of. Copy 'dasti'. (Rajiv Sharma) Vacation Judge January 21, 2011. (krt) Cr.M.P(M) No. 24 of 2011. 21.01.2011. Present: Mr. D.N.Sharma,Advocate for the petitioner. Mr.P.K.Sharma, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General and Mr. Vikas Rathore, Deputy Advocate General. Heard. Not opposed. However, in the interest of justice in order to ensure further investigation, the petitioner is directed to join the investigation as and when called for, more particularly, to effect the recovery, if not already made. However, the petitioner shall only be summoned by way of a written 'Hukamnama'. Application disposed of. Copy 'dasti'. (Rajiv Sharma) Vacation Judge January 21, 2011. (krt) Cr.M.P(M) No. 25 of 2011. 21.01.2011. Present: Mr. D.N.Sharma,Advocate for the petitioner. Mr.P.K.Sharma, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General and Mr. Vikas Rathore, Deputy Advocate General. Heard. Not opposed. However, in the interest of justice in order to ensure further investigation, the petitioner is directed to join the investigation as and when called for, more particularly, to effect the recovery, if not already made. However, the petitioner shall only be summoned by way of a written 'Hukamnama'. Application disposed of. Copy 'dasti'. (Rajiv Sharma) Vacation Judge January 21, 2011. (krt Cr.M.P(M) No. 26 of 2011. 21.01.2011. Present: Mr. D.N.Sharma,Advocate for the petitioner. Mr.P.K.Sharma, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General and Mr. Vikas Rathore, Deputy Advocate General. Heard. Not opposed. However, in the interest of justice in order to ensure further investigation, the petitioner is directed to join the investigation as and when called for, more particularly, to effect the recovery, if not already made. However, the petitioner shall only be summoned by way of a written 'Hukamnama'. Application stands disposed of. Copy 'dasti'. (Rajiv Sharma) Vacation Judge January 21, 2011. (krt Cr.M.P(M) No. 27 of 2011. 21.01.2011. Present: Mr. D.N.Sharma,Advocate for the petitioner. Mr.P.K.Sharma, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General and Mr. Vikas Rathore, Deputy Advocate General . Heard. Not opposed. However, in the interest of justice in order to ensure further investigation, the petitioner is directed to join the investigation as and when called for, more particularly, to effect the recovery, if not already made. However, the petitioner shall only be summoned by way of a written 'Hukamnama'. Application stands disposed of. Copy 'dasti'. (Rajiv Sharma) Vacation Judge January 21, 2011. (krt Cr.M.P(M) No. 28 of 2011. 21.01.2011. Present: Mr. D.N.Sharma,Advocate for the petitioner. Mr.P.K.Sharma, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General and Mr. Vikas Rathore, Deputy Advocate General. Heard. Not opposed. However, in the interest of justice in order to ensure further investigation, the petitioner is directed to join the investigation as and when called for, more particularly, to effect the recovery, if not already made. However, the petitioner shall only be summoned by way of a written 'Hukamnama'. Application stands disposed of. Copy 'dasti'. (Rajiv Sharma) Vacation Judge January 21, 2011. (krt) Cr.M.P(M) No. 29 of 2011. 21.01.2011. Present: Mr. D.N.Sharma,Advocate for the petitioner. Mr.P.K.Sharma, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General and Mr. Vikas Rathore, Deputy Advocate General. Heard. Not opposed. However, in the interest of justice in order to ensure further investigation, the petitioner is directed to join the investigation as and when called for, more particularly, to effect the recovery, if not already made. However, the petitioner shall only be summoned by way of a written 'Hukamnama'. Application stands disposed of. Copy 'dasti'. (Rajiv Sharma) Vacation Judge January 21, 2011. (krt) Cr.M.P(M) No. 30 of 2011. 21.01.2011. Present: Mr. D.N.Sharma,Advocate for the petitioner. Mr.P.K.Sharma, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General and Mr. Vikas Rathore, Deputy Advocate General. Heard. Not opposed. However, in the interest of justice in order to ensure further investigation, the petitioner is directed to join the investigation as and when called for, more particularly, to effect the recovery, if not already made. However, the petitioner shall only be summoned by way of a written 'Hukamnama'. Application stands disposed of. Copy 'dasti'. (Rajiv Sharma) Vacation Judge January 21, 2011. (krt) Cr.M.P(M) No. 31 of 2011. 21.01.2011. Present: Mr. D.N.Sharma,Advocate for the petitioner. Mr.P.K.Sharma, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General and Mr. Vikas Rathore, Deputy Advocate General. Heard. Not opposed. However, in the interest of justice in order to ensure further investigation, the petitioner is directed to join the investigation as and when called for, more particularly, to effect the recovery, if not already made. However, the petitioner shall only be summoned by way of a written 'Hukamnama'. Application stands disposed of. Copy 'dasti'. (Rajiv Sharma) Vacation Judge January 21, 2011. (krt) Cr.M.P(M) No. 32 of 2011. 21.01.2011. Present: Mr. Surinder Saklani,Advocate for the petitioner. Mr.P.K.Sharma, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General and Mr. Vikas Rathore, Deputy Advocate General. Heard. Not opposed. However, in the interest of justice in order to ensure further investigation, the petitioner is directed to join the investigation as and when called for, more particularly, to effect the recovery, if not already made. However, the petitioner shall only be summoned by way of a written 'Hukamnama'. Application stands disposed of. Copy 'dasti'. (Rajiv Sharma) Vacation Judge January 21, 2011. (krt) RSA No. 554 of 2010 16.12.2010 Present: Mr. H.K. Bhardwaj, Advocate, for the appellant. Notice returnable for 14th March, 2011. CMP No.1126 of 2010 Notice in the aforesaid terms. In the mean time, there shall be stay of operation of impugned judgment and decree dated 4.10.2010, passed by learned Additional District Judge, Una in Civil Appeal No. 40 of 2008. Copy dasti on usual terms. (Rajiv Sharma), Judge December 16, 2010. (K. Attri) The request of Shri Joginder Singh, Usher, of this Registry for forwarding his application to the State Government for allotment of government accommodation on out of turn basis on the grounds mentioned therein was dealt with by the Office from N-57 to N-65 ante. The matter was examined by me and a report was called from the Judges branch to ascertain as to whether the official has been deployed in any of the Hon'ble Courts with an Hon'ble Judge of this Court. Now as per the submissions recorded at N-70 ante, it has been recorded that the official concerned has presently been deployed in the Judicial Branch and as and when his services are required as a leave substitute with an Hon'ble Judge, he has been and will be deployed in the Hon'ble Court. The request of the official is not covered under Rule-8 of the Himachal Pradesh allotment of government residences ( General Pool Rules, 1994). Similarly, his case also does not cover under Policy condition No. 3 contained in Office order dated 17.03.2005, placed below. In these circumstances, in my humble opinion, the request of Shri Joginder Singh, Usher, is not covered for sending his application to the State Government for allotment of government accommodation on out of turn basis. With these submissions, the matter is submitted for perusal, consideration and orders please. ( B.M.Gupta) Deputy Registrar(Estt.). The Ld. Registrar(Vigilance). The requests of the Officers/officials of this Registry, placed below and dealt with by the Office from N/ 136 onwards may kindly be perused. In addition to the above, it is submitted that as per the provision of Rule 20 of the Himachal Pradesh High Court Officers and the Members of the staff(Recruitment, Condition of Service, Conduct and Appeal) Rules, 2003, it is provided that with regard to the matters not specifically covered by or under these Rules, the rules and regulations or norms applicable to the State Govt. employees in general in so far as these are not inconsistent or repugnant to these rules. Therefore, in the absence of any rules or instruction on the subject matter, the instruction of the Govt. as contained in Chapter 26 of Handbook on Personnel Matters( Vol.III) Second Edition are applicable while dealing with such matters. As per the instruction of the Govt., it is provided that the administrative authorities should ordinarily not refuse to forward applications submitted by Govt. servants for employment elsewhere, which are in response to advertisements issued by the U.P.S.C or requests officially received from other departments. Application in such cases may be with-held only where the Public interest demands it. In cases not covered by the above, forwarding of such application is entirely in the discretion of the competent Authority. In the present case, all the applicants, except Ms. Mamta Rao, are either working as Judgment Writers or Stenographers on the establishment of this Registry and have requested for forwarding their applications for the post of Reporter which is a higher post involving better service prospects. So for Ms. Mamta Rao is concerned, it is submitted that she is working in the same pay-scale which is the pay-scale for the post of Reporter and ordinarily, as a general rule, application for same post involving same pay-scale should not be forwarded. However, it is submitted that the post of Reporter carries Secretariat allowance of Rs. 400/-, whereas, such allowance is not available to the Private Secretary of this Establishment against which post is equivalent to the post of Reporter. In the past also, applications in similar situated situation have been forwarded to the concerned quarters. With these submissions, the request of all the Officers/Officials is submitted for perusal , consideration and orders, please. (B.M.Gupta) Deputy Registrar(Estt.). The Ld. Registrar(Administration).