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2025 DAILYLAW 17500 (HP)

SHOBHA RAM v. STATE OF HP AND ANOTHER

CWP/7828/2024 · 2025-03-07

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No7828 of 2024 Decided on: 7th March, 2025 _________________________________________________________________ Shobha Ram ....Petitioners Versus State of H.P. & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vaibhav Tanwar, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Ms. Menka Raj Chauhan, Deputy Advocate General. ________________________________________________________________ Jyotsna Rewal Dua, Judge Even though the respondents have not filed reply to the writ petition, however, with the consent of learned counsel for the parties, matter is heard at this stage. 2. This petition has been filed for grant of following relief: - “1. This Hon'ble Court may kindly be pleased to direct the respondents by way of issuance of Writ of Mandamus to consider/treat the petitioner as having been appointed on regular basis from the date of his 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - initial appointment on contract basis against the post of TGT (Arts) pursuant to office order dated 07.09.2021 for all intents and purposes. 2. This Hon'ble Court may further be pleased to issue a Writ of Mandamus directing the respondent State to pay to the petitioner all the emoluments to which he is entitled at par with regular employee in the establishment of respondent department w.e.f. 07.09.2021 with all consequential benefits including counting the period for the purpose of seniority etc..” 3. Reliefs have been prayed for on the strength of the decisions rendered in Umesh Jaswal Vs. State of H.P. & Ors.2 and Nitin Kumar Vs. State & Anr3 . Learned counsel for the petitioner submits that the petitioner would be content in case he is permitted to file representation to the respondent/Competent Authority for redressal of his grievances and the respondents/Competent Authority is directed to decide the same within a time bound schedule. Learned Deputy Advocate General has no objection to this prayer. 4. Having regard to above submissions but without examining the merits of the matter, this petition is disposed by permitting the petitioner to file representation within two 2 CWP No. 5090 of 2022, decided alongwith connected matters on 19.12.2022 3 CWPOA No.1-66 of 2019 , decided on 22.08.2022 - 3 - weeks, which shall be decided by the respondents /Competent Authority within six weeks from the date of receipt of the same, in accordance with law and also keeping in view the aforesaid judgment. The decision so arrived at, shall be communicated to the petitioner. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge March 7, 2024 R.Atal