Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7250 of 2024 Date of decision: 03.01.2025 Anil Kumar & Anr. ...Petitioners. Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Aashish Kumar, Advocate. For the respondents : Mr. Sikander Bhushan, Deputy Advocate General. Jyotsna Rewal Dua, Judge 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. This writ petition has been filed for the grant of following substantive reliefs:-
“I. That appropriate writ, order or direction may kindly be issued, directing the respondent to regularized the service of the petitioners from his initial appointment as per the Section 33 of the Persons with Disabilities (Equal Opportunities,
Protection
of
Rights
&
Full Participation)Act, 1995 and as per the judgment dated 22.08.2022 passed by this Hon'ble Court in CWP(OA) No. 1077 /2019 titled Nitin Kumar Vs. State of Himachal Pradesh & An and Civil writ petition 394/2024 decided on 17.06.2024, titled as Roop lal Vs H.P. Board of school education. Whether reporters of Local Papers may be allowed to see the judgment? Yes
-2- II. The appointment on contract basis order dated 14.09.2021 and regularization after 2 years dated 04.10.2023 may kindly be quashed and set aside and petitioners may kindly be directed to regularize the service of petitioners from his/her initial appointment i.e.14.09.2021. III. That the respondents be directed to release all consequential benefit to the petitioner in view of his regularization with effect from 14.09.2021 i.e. increments, regular pay scale, arrear and all other benefits which are available to regular employee etc.”
3.
Learned counsel for the petitioners submitted that the cases of the petitioners are squarely covered by the
judgment rendered in Nitin Kumar Vs. State of H.P. & Anr1. Learned counsel further submitted that the petitioners would be satisfied in case a direction is issued to the respondents/competent authority to consider and decide the cases of the petitioners in light of the aforesaid judgment within a fixed time schedule. Learned Deputy Advocate General is not averse to this prayer.
4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of by directing the respondents/competent authority to consider and decide the cases of the petitioners, in accordance with law and taking into consideration the 1CWP(OA) No. 1077/2019 decided on 22.08.2022
-3- above judgment, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua 3rd January, 2025 Judge (Pardeep)