Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 6162/2024 a/w connected matters
Decided on: 28.04.2025
1.
CWP No. 6162/2024 Rajinder Singh Rana
…Petitioner Versus HPSEB Ltd. & Ors.
.…Respondents.
2.
CWP No. 7220/2024 Sunil Kumar
…Petitioner Versus HPSEB Ltd. & Ors.
.…Respondents.
3.
CWP No. 7622/2024 Sanjay Kumar
…Petitioner Versus HPSEB Ltd. & Ors.
.…Respondents.
4.
CWP No. 7432/2024 Laxmi Kant
…Petitioner Versus HPSEB Ltd. & Ors.
.…Respondents.
5.
CWP No. 10784/2024 Rajinder Kumar
…Petitioner Versus HPSEB Ltd. & Ors.
.…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 1 Whether reporters of the local papers may be allowed to see the judgment? yes
2
For the petitioner(s): Mr. A.K. Gupta, Advocate, Mr. Bonit Thakur & Mr. Abhyendra Gupta, Advocate.
For the respondent(s): Mr. V.S. Kanwar, Advocate.
Jyotsna Rewal Dua , J Even though the reply has not been filed, however, with the consent of learned counsel for the parties, the matters are heard at this stage.
2. Petitioners seek direction to the respondents to appoint them with retrospective effect i.e. w.e.f. September, 2022 and July, 2022, respectively when some other persons situated similarly to the petitioners were appointed. Petitioners seek further direction to the respondents to construe their deemed date of appointments as September, 2022 and July, 2022 with consequential benefits.
Learned counsel for the petitioners submitted that petitioners’ case is situated similarly to one Surjeet Kumar, who had preferred CWP No.5811/2024 (Surjeet Kumar Vs. HPSEB Ltd & Ors.), seeking same benefits as prayed for by the petitioners. The said petition was disposed of on 26.06.2024 with direction to the respondents-Electricity Board Ltd. to consider the case of the petitioner therein, in accordance with law. Learned counsel further submitted that respondents considered the case of Sh. Surjeet Kumar and granted him the benefits prayed for by him on 01.02.2025. Office
3
letter dated 01.02.2025 issued by Executive Director (Personal) HPSEBL Vidyit Bhawan, Shimla, has been placed on record in CWP No.7622/2024, which reads as under:-
“Subject- CWP No. 5811 of 2024 titled as Surjeet Kumar Vs HPSEB Lid. & ors. In connection with the above it is stated that the matter has been examined on the basis of the records available and in consultation with the Legal Cell of the Board and keeping in view the facts and circumstances of the case at hand it has been decided to implement the judgment and order passed by the Hon'ble High Court of HP in CWP No. 5811 of 2024 titled as Surjeet Kumar Vs HPSEB Ltd. and Ors. dated 26-06-2024 in its letters and spirit. In view of the above, it is directed that the petitioner namely Sh. Surejeet Kumar is treated to have been appointed in the services notionally from the date when his junior came to be appointed from the same selection process as the Sub-Station Attendants. However, the monetary benefits will be payable to the petitioner Sh. Surjeet Kumar only from the date when he actually joined the services of the HPSEB Ltd. The period between notional appointment and the actual appointment shall count towards seniority and also increment and his pay be fixed accordingly. Further necessary action in view of aforesaid direction be initiated at your end under intimation to this office, please.”
4
Learned counsel also submitted that the petitioners would be satisfied, in case, the respondents are directed to consider the cases of the petitioners for grant of relief prayed for by them in light of above office letter dated 01.02.2025. Learned counsel for the respondents has no objection to this prayer.
3. In view of above, these writ petitions are disposed of by directing the respondents to consider the cases of the petitioners for grant of relief prayed for by them in light of their decision conveyed in office letter dated 01.02.2025, in accordance with law. This be done within six weeks. The decision so arrived at be communicated to the petitioner(s). These writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge 28th April, 2025(rohit)