MUKESH KUMAR v. HIMACHAL PRADESH STATE CIVIL SUPPLIES CORPORATION LIMITED
CWP/15246/2024 · 2025-01-03
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25215 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25215 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:506
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.15246 of 2024
Decided on: 3rd January, 2025 ------------------------------------------------------------------------------------- Mukesh Kumar
…..Petitioner
Versus
H.P. State Civil Supplies Corporation Ltd. .....Respondent ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Manohar Lal Sharma, Advocate.
For the Respondent: Mr. Prashant Sharma, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Mr. Prashant Sharma, learned Standing Counsel, appears and waives service of notice on behalf of the respondents.
2.
The writ petition has been filed for the grant of following substantive reliefs:-
“(i) That the directions may kindly be issued to the respondent corporation to count the contractual service of the petitioner with effect from the date of his initial appointment on contractual basis for all intents and purposes, i.e., seniority, pay scale as revised time to time, annual increments, proficiency step-up and promotion against the post of Senior Assistant, as per the judgment dated 03.08.2023 passed by this Hon’ble Court in CWP No.2004/2017 titled as Taj Mohammad vs. State of H.P. Annexure P-5.
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
2025:HHC:506 (ii) That the respondent corporation may kindly be directed to pay all consequential benefits to the petitioner from the due dates with interest @ 12% per annum till the date of realization. (iii) That the respondent corporation may kindly be directed to decide the representation dated 03.09.2024, Annexure P-6, within time bound manner.”
3.
Learned counsel for the petitioner submitted that the case of the petitioner and the reliefs prayed for by him 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 representation dated 03.09.2024 (Annexure P-6) preferred by the petitioner for claiming the above reliefs is pending consideration with the respondent.
4.
At this stage, learned counsel for the respondent has placed on record a copy of office order dated 17.12.2024, whereby the representation preferred by the petitioner has been decided. Relevant portion of office order dated 17.12.2024 reads as under:-
“Now, therefore, in view of the facts and circumstances mentioned herein above and after a due
consideration of the representations of the Petitioners and the representations in the other similarly situated cases, the undersigned, hereby orders to count the tenure of contractual services rendered by all the
2 CWP No.2004 of 2017, decided alongwith connected matter on 03.08.2023
3
2025:HHC:506 employees of various posts/cadres in this Corporation, for the purpose of seniority in respect of all the employees, whether Petitioners/Non-Petitioners, who were initially appointed on Contract Basis through direct recruitment (i.e. through the Recruitment Agencies namely viz HPPSC, HPSSSB, HPRCA, Ex-Servicemen Employment Cell (DSW), Persons with Disabilities, Persons selected against the posts reserved for Sports Category & the Persons appointed on Compassionate grounds etc.) as per the procedure prescribed in R&P Rules followed by regularization in the Corporation. However, this benefit shall be subject to the final outcome of further legal remedy, if any, exercised by the Government of H.P. The contractual appointees and other promote employees will be interspaced as per their appointment years and tentative seniority of the entire respective cadres will be circulated to all concerned in due course of time and will be finalized after incorporating justified objections received, if any, in respect of seniority lists.”
In view of above-extracted office order dated 17.12.2024, this writ petition to stand disposed of. Petitioner shall, however, be at liberty to avail appropriate remedy for the redressal of his surviving grievances, if any. Pending miscellaneous application(s), if any, also stand
disposed of.
Jyotsna Rewal Dua January 03, 2025
Judge Mukesh