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2025 DAILYLAW 20962 (HP)

RAKESH KUMAR v. HRTC AND ANR

CWP/11773/2025 · 2025-08-07

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11769 of 2025 alongwith connected matters Decided on: 7th August, 2025 ------------------------------------------------------------------------------------- 1. CWP No.11769 of 2025 Rajesh Kumar …..Petitioner Versus Himachal Road Transport Corporation and another .....Respondents ------------------------------------------------------------------------------------- 2. CWP No.11771 of 2025 Rakesh Kumar …..Petitioner Versus Himachal Road Transport Corporation and another .....Respondents ------------------------------------------------------------------------------------- 3. CWP No.11773 of 2025 Rakesh Kumar …..Petitioner Versus Himachal Road Transport Corporation and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Atharv Sharma, Advocate. For the Respondents: Mr. Dheeraj K. Vashisht, Advocate. ------------------------------------------------------------------------------------ 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Jyotsna Rewal Dua, Judge Even though the respondents have not filed reply, however, with the consent of learned counsel for the parties, the matters are heard at this stage. 2. These writ petitions seek directions to the respondents to regularize the services of the petitioners upon completion of three years of service on contract basis along with all consequential benefits. 3. Learned counsel for the respondents has placed on record a copy of office memorandum issued by the respondent-Corporation on 22.01.2021. Learned counsel submits that the said office memorandum has been issued by the respondent-Corporation to all the Unit Officers/ Appointing Authorities to look into the matters like the present ones and to consider all pending cases for regularization, wherein, due to pendency of criminal cases/FIRs against the employees, their services were not regularized from the due date. Learned counsel further submits that the cases of the petitioners shall be examined under the aforesaid office memorandum and if found covered, due benefits shall be released to them. 3 4. Learned counsel for the parties jointly submit that these petitions be disposed of in terms of the office memorandum dated 22.01.2021. 5. Taking note of the above submissions and the documents placed on record, these writ petitions are disposed of by directing the respondents to consider the respective cases of the petitioners for their retrospective regularization in accordance with law and in view of office memorandum dated 22.01.2021 within six weeks from today. If the petitioners’ cases are found covered and they are held entitled to retrospective regularization, all consequential benefits including admissible monetary benefits, be released in their favour within a period of six months thereafter, failing which, the petitioners shall be entitled to interest @ 6% per annum. The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua August 07, 2025 Judge Mukesh