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2018 DIGILAW 430 (HP)

Court On Its Own Motion v. State Of H. P.

2018-03-21

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J. - On the basis of resolutions passed by Gram Panchayat Mashog, Development Block Karsog, District Mandi, Himachal Pradesh, which were addressed by the Pradhan of the said Gram Panchayat, this Court, taking suo moto cognizance, issued notice. 2. Grievance of the letter petitioner is regarding timing of the HRTC Bus service from Churag to Kolikot; and also non-posting of teachers in Government Middle School, Kot. 3. In compliance of our order dated 3.5.2017, Respondents No. 3 and 5, through Director of Elementary Education, Himachal Pradesh, Shimla, have filed short affidavit on 9.5.2017. 4. We notice that the contents of the letter petition are absolutely correct. Grievance highlighted of non-posting of teachers and the inconvenience caused, as a result of change of Bus Stand, stands admitted by the respondents-State. 5. On 11.5.2017, this Court passed the following order: "Shri Manmohan Sharma, Director Elementary Education, Dr. B.L. Vinta, Director Higher Education and Shri Mast Ram Bhardwaj, Executive Director, HRTC, are present in person. At this point in time, we refrain ourselves from making any observations, more so in the light of admissions made in Paras-3 to 6 of the affidavit. Mr. J.K. Verma, learned Deputy Advocate General, under instructions from Shri Manmohan Sharma, Director Elementary Education states that the posts in schools in question shall positively be filled un within a period of one week from today. Learned Deputy Advocate General, under instructions from Shri Mast Ram Bhardwaj, Executive Director, HRTC, further states that the time table of the bus service shall be fixed after accounting for the convenience of local residents. List on 18.5.2017, on which date, the concerned officers shall personally remain present before the Court." 6. In compliance of the above order, on 17.5.2017, the Director of Elementary Education, has filed his affidavit, stating as under: "That in this regard it is submitted that all the posts of teachers have been filled up in Government Middle School Kot, District Mandi. Sh. Vijay Singh has been posted as TGT (NM) vide order dated 9th May, 2017. Sh. Om Krishan has been posted as TGT (Arts) vide order dated 15th May, 2017, Smt. Ahlya Devi, has been posted as Drawing Master and Sh. Dharam Pal has been posted as Physical Education Teacher vide order dated 12th May, 2017. Sh. Vijay Singh has been posted as TGT (NM) vide order dated 9th May, 2017. Sh. Om Krishan has been posted as TGT (Arts) vide order dated 15th May, 2017, Smt. Ahlya Devi, has been posted as Drawing Master and Sh. Dharam Pal has been posted as Physical Education Teacher vide order dated 12th May, 2017. The copies of these orders are annexed as Annexure R-I to R-III for kind perusal of this Hon''ble Court." 7. Thereafter, on 18.5.2017, the following order was passed: "Shri Manmohan Sharma, Director, Elementary Education, Dr. B.L. Vinta, Director, Higher Education and Shri Mast Ram Bhardwaj, Executive Director, HRTC, are present in person. It is heartening to note that on account of personal efforts put in by Shri Manmohan Sharma, Director, Elementary Education, vacant post at Government Middle School, Kot now stands filled up. In fact, four teachers have already joined and one would be joining in near future. We highly appreciate such efforts. Mr. Raman Jamalta, Advocate, under instructions, submits that the time table of the bus service has been fixed, as per convenience of the general public, more particularly, school going children. However, it is informed that the road at certain places needs to be repaired. Let an affidavit in this regard be filed within a week. List on 25.5.2017. The officers present today, need not be present on the next date." 8. The Deputy Divisional Manager (Legal), HRTC, H.O. Shimla-3, has filed his affidavit dated 22.5.2017, stating therein as under: "That the above mentioned case was listed on 18.5.2017 before this Hon''ble Court, and on this day the replying respondent in compliance to the earlier directions passed by this Hon''ble Court has rescheduled the bus timing between Churag to Kaolikot and back Churag as per the public convenience vide order dated 24.4.2017 on the following time table. Dep. Time from Churag 8.30 A.M. Dep. Time from Kolikot 9.00 A.M. Dep. Time from Churag 4.15 A.M. Dep. Time from Kolikot 5.00 P.M. However on that day it was also brought to the kind notice of this Hon''ble Court that in rainy days various spots on the above route gets muddier, making it very difficult and risky for bus movement. As such this Hon''ble Court directed the replying respondent to file an affidavit thereby identifying the spots which needs to be repaired. The replying respondent got the road inspected from one Inspector named Sh. As such this Hon''ble Court directed the replying respondent to file an affidavit thereby identifying the spots which needs to be repaired. The replying respondent got the road inspected from one Inspector named Sh. Churamani on 19-05-2017 and on inspection the following spots were identified which needs urgent repair work:- a. Churag towards Kolikot i.e. 1/2 kms from Churag. b. Nagar Kanchi. c. Chakru Nala." 9. It is after the filing of the aforesaid affidavit that on 25.5.2017, the Court passed the following order: "From the affidavit dated 22.5.2017, so filed by the Deputy Divisional Manager, (Legal) HRTC, it is apparent that at following three points i.e. (a) Churag towards Kolikot (1/2 kms from Churag), (b) Nagar Kanchi and (c) Chakru Nala, urgent repair work of the road is required to be carried out. In these circumstances, we implead the Executive Engineer HPPWD (B&R), Karsog, as party respondent No. 6. Let the said respondent remain personally present in the Court on 1.6.2017." 10. In compliance of the above order, on 30.5.2017, the Executive Engineer, HPPWD Divisional Karsog, District Mandi, Himachal Pradesh, has filed his affidavit. A perusal of the affidavit shows that the grievance of the local people somewhat stands redressed and the work was in progress. 11. With regard to plying of bus service on Karsog-Nagrakot (Kalicot) and back route as per the already approved time schedule, on 19.5.2018, the Divisional Manager (Traffic), Himachal Road Transport Corporation, Head Office, Shimla, has filed his affidavit, stating as under: "That the Corporation will ensure the plying of above bus service continuously and every possible efforts will be made to continue the same in future." 12. We are satisfied with the reply(s) and affidavit(s), so filed by the State, through its Officers, and action taken. Also, we are persuaded by the learned Advocate General and the learned counsel for the HRTC (respondent No. 4) that no fruitful purpose would be served by keeping the present proceedings pending, and to close the same. 13. We are satisfied with the reply(s) and affidavit(s), so filed by the State, through its Officers, and action taken. Also, we are persuaded by the learned Advocate General and the learned counsel for the HRTC (respondent No. 4) that no fruitful purpose would be served by keeping the present proceedings pending, and to close the same. 13. In view of the above, the present proceedings are closed, with the following directions: i) The Executive Engineer, HPPWD Division, Karsog, District Mandi, Himachal Pradesh, shall ensure that the road is maintained in good condition; ii) The Secretary (Education) to the Government of Himachal Pradesh and Director of Elementary Education, Himachal Pradesh, shall ensure that all the teachers shall remain posted in the Government Middle School, Kot, Tehsil Churag, District Mandi, Himachal Pradesh. iii) The Divisional Manager (Traffic), Himachal Pradesh Road Transport Corporation, Head Office, Shimla, shall ensure that the time table for plying the Bus from Churag to Kolikot, as depicted in the affidavit dated 22.5.2017, so filed by the Deputy General Manager (Legal), HRTC, H.O., Shimla-3, is adhered to. iv) Registry is directed to send copies of this order to the Executive Engineer, HPPWD Division, Karsog, District Mandi, Himachal Pradesh; the Secretary (Education) to the Government of Himachal Pradesh; the Director of Elementary Education, Himachal Pradesh; and the Divisional Manager (Traffic), Himachal Pradesh Road Transport Corporation, Head Office, Shimla, for taking necessary action at their end, as also to the Pradhan of Gram Panchayat, Mashog, Development Block Karsog, District Mandi, Himachal Pradesh, to enable him to take follow up action with the concerned authorities. In view of the above we close the present proceedings. Pending applications, if any also stand disposed of.