Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2150 of 2025 alongwith
connected matters
Decided on: 25th March, 2025 -------------------------------------------------------------------------------------
1. CWP No.2150 of 2025 Bhupinder Kaur
…..Petitioner
Versus
State of H.P. and another
.....Respondents -------------------------------------------------------------------------------------
2. CWP No.2152 of 2025 Himachali Devi
…..Petitioner
Versus
State of H.P. and another
.....Respondents -------------------------------------------------------------------------------------
3. CWP No.2156 of 2025 Nisha Bodh
…..Petitioner
Versus
State of H.P. and another
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Vishwa Bhushan and Ms. Anuja
Mehta, Advocates.
For the Respondents: Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2 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.
These writ petitions have been filed for the grant of almost identical reliefs. The substantive reliefs in CWP No.2150 of 2025 read as under:-
“(i) That act of the respondent in not regularizing the services of the petitioner from which the petitioner was appointed on contract basis along with financial benefits may kindly be held unconstitutional, discriminatory, arbitrary, unreasonable, unjustified, unwarranted, invalid, violative of Article 14 and 16 of the Constitution of India and contrary to the law laid down by the Ld. Erstwhile Tribunal vide judgment dated 11-1-2018 (Annexure-P/2). (ii) That the respondents may kindly be directed to regularize the service of the petitioner from the date the petitioner was appointed on contract basis along with all consequential benefits being a covered matter by the law laid down by the Ld. Erstwhile Tribunal dated 11- 1-2018 (Annexure-P/2) in T.A. No.4487/2015 and
judgment passed by this Hon’ble Court in CWP No.3038 of 2022 whereby the incumbents get the regularization from the initial date of their appointment on contract basis along with consequential benefits and the respondent department is under legal duty to grant the regularization from the initial date of appointment along with other financial benefits.”
3.
According to the petitioners, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioners is that their representations, annexed with the respective writ petitions as Annexures P-4 and P-5, have still not been decided by
3 the respondents/competent authority. Learned counsel for the petitioners submits that apart from the judgments mentioned by the petitioners in the aforesaid representations, these matters are also covered by the decision rendered in State of H.P. and others Versus Om Prakash2. Learned counsel further submits that the petitioners would be content in case respondent No.2/competent authority is directed to decide the aforesaid representations within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer.
4.
Having regard to the afore-submissions, but without examining the merits of the matters, these writ petitions are disposed of with a direction to respondent No.2/competent authority to consider and decide the aforesaid representations of the petitioners in accordance with law as well as taking into consideration the above
judgment in the case of Om Prakash2 as also the judgments mentioned in the representations, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners.
2 LPA No.54 of 2013, decided alongwith connected matters on 4.10.2019
4
The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua March 25, 2025
Judge Mukesh