2025:HHC:23025 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5334 of 2020 Decided on: 16.07.2025 Nidhi Singh ...Petitioner Versus State of H.P. & others ...Respondents Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Mr. Chandranarayana Singh, Dr. Nidhi Singh and Mr. Ramesh Kumar, Advocates. For the respondents: Mr. Gautam Sood, Deputy Advocate General. Satyen Vaidya, Judge (Oral) The instant petition has been filed for following substantive reliefs: “i) Issue writ of Certiorari, Mandamus or other appropriate writ order or direction as this Hon'ble Court deems fit modifying the order dated 18.07.2019 by regularizing the contractual services of the Petitioner w.e.f. 8 years i.e. w.e.f. 29.10.2005 with all consequential benefits. ii) In Alternative Issue writ of Certiorari, Mandamus or other appropriate writ order or direction as this Hon'ble Court deems fit quashing the order dated 18.07.2019 for all intents and purposes. 2 iii) Issue writ of Certiorari, Mandamus appropriate writ order or direction as this Hon'ble Court deems fit directing the Respondents to regularizing the contractual services of the Petitioner w.e.f. 8 years i.e. w.e.f. 29.10.2005 with all consequential benefits.” 2. The petitioner was appointed as Lecturer (Mathematics) in Government Senior Secondary School, Chatrari, District Chamba, H.P. on contract basis w.e.f. 29.10.1997. He continued to work in the same school till 07.11.1998 when his services were disengaged in order to pave way for joining of regular incumbent. 3. The petitioner was re-engaged as Lecturer (school cadre) in the subject of Mathematics vide office order dated 15.06.2001 along with many other similarly situated incumbents, who had earlier been terminated. 4. The petitioner claims regularization on completion of 8 years to be counted from 29.10.1997 i.e. the date of his initial engagement on contract basis in Government Senior Secondary School, Chatrari, District Chamba. He has been ordered to be regularized w.e.f 31.12.2008. 5. The petitioner has based his claim on judgment passed by this Court, in a matter with identical fact situation, in CWP(T) No.5253 of 2008, titled Narain Singh vs. State of 3 Himachal Pradesh and others, decided on 21.04.2010. The said judgment was further affirmed by Hon’ble Division Bench of this Court vide judgment dated 01.09.2012, passed in a bunch of matters with LPA No.146 of 2010, titled State of Himachal Pradesh and others vs. Narain Singh as lead case. Hon’ble Division Bench had modified the judgment only to the extent that the respondents were directed to regularize the services of the writ petitioners from the dates their juniors came to be regularized with all consequential benefits. The judgment passed by Hon’ble Division Bench is stated to have been affirmed by the Hon’ble Supreme Court. 6. In Narain Singh supra the gap between first phase and second phase of contract service of incumbent was held to have been condoned in the fact situation as is identical to the facts of instant case. In that background the respondents were directed to regularize the petitioners therein from the date their juniors were regularized. 7. The petitioner has also placed reliance on office order dated 07.01.2022, issued by the Director Higher Education, Himachal Pradesh, to assert that the incumbents, who were juniors to the petitioner, have been regularized from the date prior to the date of regularization of the petitioner. Specific reference 4 has been made to the incumbents at Serial Nos.7 and 23 of the list of Lecturers detailed/tabulated in the aforesaid office order dated 07.01.2022, to show that juniors to the petitioners in same subject had been regularized from the dates prior to the date of regularization of the petitioner. 8. Learned counsel for the petitioner has also placed reliance on office order dated 26.02.2019, whereby the Director Higher Education, Himachal Pradesh has granted similar relief to an identically situated incumbent named Shri Hukam Chand. 9. An order passed by the Division Bench of this Court on 05.03.2020 in CWP No.3151 of 2019 has also been pressed into service to canvass that the judgment in Narain Singh supra has been followed throughout. 10. The petitioner, in the entirety of circumstances, as noticed above, has been able to make out a case of parity with the case of Narain Singh supra. 11. Thus, the petition is allowed by directing the respondents to regularize the services of the petitioner as Lecturer (school cadre) from the date when his immediate junior has been regularized. The monetary benefits shall be restricted to the period of 3 years immediately before filing of the petition. 5 12. The petition is accordingly disposed of along with pending application(s), if any. ( Satyen Vaidya ) Judge 16th July, 2025 (vt)