Extracted from the PDF above. The PDF is authoritative.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10192 of 2025
Date of decision: 30.06.2025 Harish Kumar.
...Petitioner.
Versus Himachal Road Transport Corporation & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioner : Mr. H.R. Bhardwaj, Advocate.
For the respondents : Mr. Deepak Sharma, Advocate.
Jyotsna Rewal Dua, Judge
Notice. Mr. Deepak Sharma, Advocate, appears and waives service of notice on behalf of the respondents. With the consent of learned counsel for the parties, matter is heard at this stage.
2.
The case set up by the petitioner is that he was appointed as a Driver on a contractual basis on 07.04.2021. The respondents issued a notification on 11.04.2025 regarding regularization of contractual appointees upon completion of two years of continuous service as on
31.03.2025. The respondents also directed the concerned officials to forward the list of employees eligible for
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regularization upon completion of two years of contractual service.
Pursuant to the above notification, the respondents have regularized the services of all those contractual drivers who had completed two years of contractual service in terms of the notification dated
11.04.2025. The petitioner has also completed two years of contractual service and falls within the ambit of the notification dated 11.04.2025. However, his case for regularization was not considered by the respondents in view of a criminal case pending against him before the learned Judicial Magistrate First Class at Jubbal, District Shimla, pursuant to his having been arrayed as an accused in FIR No.43 of 2023 under Sections 279 and 337 of the Indian Penal Code, registered at Police Station Jubbal, District Shimla.
3.
Learned counsel for the petitioner submits that pendency of the aforesaid case will not come in the way of regularization of petitioner’s service in view of decision rendered in Deepa vs. State of H.P. & Anr.1. Learned counsel for the petitioner states that the petitioner would be
1 CWP No.10650 of 2023 decided on 20.03.2025.
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content, if the case of the petitioner for regularization of his services is considered by the respondents in accordance with law, more particularly, in light of the aforesaid judgment.
Learned counsel for the respondents has no objection to this prayer.
4.
Having regard to above submissions and without examining the merits of the matter, this petition is disposed of by directing the respondents to consider the case of the petitioner for regularization in accordance with law keeping in view the decision rendered in Deepa1 and pass appropriate orders in accordance with law within a period of four weeks from today. The decision so arrived at, shall also be communicated to the petitioner. Pending miscellaneous application(s), if any, also to stand disposed of.
Jyotsna Rewal Dua 30th June, 2025
Judge (Pardeep)