2025:HHC:3519 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.16749 of 2024 Date of Decision: 25.02.2025 _____________________________________________________________________ Pritpal Singh Chauhan ……...Petitioner Versus State of Himachal Pradesh and Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vivek Thakur, Advocate, vice Mr. Arvind Sharma, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for following main reliefs: “I. Issue writ of mandamus directing the Respondent to count the service rendered by petitioner on contract basis as PAT from 03.03.2006 to 20-08-2020 for seniority, pension and other consequential benefit as per the law laid down by this Hon’ble Court in CWP(OA) No.5502 of 2020, titled as Oma Wati Versus State of Himachal Pradesh and others, decided on 21.08.2023, which judgments were based on the law laid down by Hon’ble Supreme Court of India in in CWPOA No.2411 of 2019, titled Jagdish Chand Vs. State of Himachal Pradesh and others, decided on 10.1.2020 along with connected matters; and in CWPOA No.195 of 2019, titled Sheela Devi vs. State of H.P. and others, decided on 26.12.2019 in the interest of justice and fair play. II. That respondent may kindly be directed to extend the benefit of CWPOA No. 5187 of 2020 in favour of the petitioner by extending the similar benefit to them.” 2025:HHC:3519 2 2. Before reply from respondents could be called for, learned counsel representing the petitioner, on instructions, states that his client would be content and satisfied, in case prayer made in the instant petition is ordered to be considered and decided by the respondents in terms of judgment dated 21.08.2023, passed by this Court in CWPOA No.5507 of 2020, titled Oma Wati and Another Vs. State of Himachal Pradesh and Others, which is based upon law laid down by this Court in judgment dated 10.01.2020 in CWPOA No.2411 of 2019, titled Jagdish Chand Vs. State of Himachal Pradesh and Others and judgment dated 26.12.2019 in CWPOA No.195 of 2019, titled Sheela Devi Vs. State of Himachal Pradesh and Others. 3. Having regard to innocuous prayer made on behalf of the petitioner as well as nature of order proposed to be passed in this case, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General, who fairly states that representation dated 03.07.2024 (Annexure P-6), having been filed by the petitioner for consideration of his case in terms of judgment referred hereinabove, if not already decided, shall be decided expeditiously. 4. Having perused averments contained in the petition, which are duly supported by an affidavit, especially relief clause vis-a- 2025:HHC:3519 3 vis judgment relied upon, this Court finds that the issue sought to be decided in the instant proceedings already stands adjudicated by this Court in Oma Wati (supra), which is otherwise based upon judgments passed by this Court in Jagdish Chand and Sheela Devi (supra), which has been further upheld by the Hon’ble Apex Court and as such, there appears to be no impediment in issuing directions to respondents to consider and decide the case of the petitioner in light of aforesaid judgments. 5. Consequently, in view of the above, present petition is disposed of with the direction to the respondents to consider and decide the case of the petitioner in light of judgment passed by this Court in Oma Wati (supra), expeditiously, preferably, within a period of six weeks. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon. Pending applications, if any, also stand disposed of. February 25, 2025 (Sandeep Sharma), Rajeev Raturi Judge