IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15238 of 2024 Decided on: 4th January, 2025 ------------------------------------------------------------------------------------- Dev Raj and another …..Petitioners Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Ms. Anita Devi, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. The writ petition has been filed for the grant of following substantive reliefs:- “a) That the directions may kindly be issued to the respondents to count the contractual service of the petitioners with effect from the date of their appointment on contractual basis for all intents and purposes i.e. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 seniority, promotion, pay scale revised time to time, annual increment, proficiency step-up & promotion etc. and direct to release all consequential benefits as per the judgment passed by this Hon'ble court in CWP No.2004 of 2017 titled as Sh. Taj Mohammad and Ors. Vs. State of H.P., with connected matter decided on 03.08.2023. b) That Annexure P-3 may kindly be quashed and set- aside with the directions to redraw the seniority list whereby inducting the names of the applicants at a proper place, whereby giving the benefits to petitioners of their contractual service from the date of their initial appointment in the Department. c) That the respondent department may kindly be directed to pay all consequential benefits to the petitioner from the due date with interest @ 12% per annum till the date of realization. d) That the respondents kindly be directed to grant all consequential benefits to the petitioners same as has been granted to other similar situated person as per the judgment supra and thereafter fresh senior list may kindly be prepared. e) That respondent may kindly be directed to decide the case/representations (Annexure P-4 Colly) in the light of judgments passed by this Hon'ble court in CWP No.2004 of 2017 titled as Sh. Taj Mohammad and Ors. Vs. State of H.P., with connected matter decided on 03.08.2023 in time bound manner.” 4. Learned counsel for the petitioners submitted that the respective cases of the petitioners and the reliefs prayed for by them have already been considered & adjudicated upon by this Court in Sh. Taj Mohammad and others Versus The State of Himachal Pradesh and others2. Learned counsel also submits that the representations dated 29.07.2024 and 21.08.2024 2 CWP No.2004 of 2017, decided alongwith connected matter on 03.08.2023 3 (Annexure P-4 Colly) preferred by the petitioners for claiming the above reliefs are pending consideration with the respondent. Learned counsel further submits that the petitioners would be content in case the respondents/ competent authority is directed to decide the aforesaid representations within a fixed time schedule. Learned Additional Advocate General submits that the respondents are not averse to consider the case of the petitioners in light of the aforesaid judgment, however, all rights and contentions of the parties be left open for decision. 5. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/ competent authority to consider and decide the aforesaid representations of the petitioners (Annexure P-4 Colly.) in accordance with law as well as taking into consideration the above judgment in the case of Taj Mohammad2 within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners. It is clarified that all rights and contentions of the parties are left open. 4 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua January 04, 2025 Judge Mukesh