IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16052 of 2024 Decided on: 4th January, 2025 ------------------------------------------------------------------------------------- Mamta Sharma …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Ms. Anuja Mehta and Mr. Raj Thakur, Advocates. For the Respondents: Ms. Leena Guleria, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Ms. Leena Guleria, learned Deputy 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:- “(i) That act of the respondent in not counting the services rendered by the petitioner on contract basis as TGT (NM) for the purpose of seniority along with all consequential benefits may kindly be held unconstitutional, discriminatory, arbitrary, unreasonable, unjustified, unwarranted, invalid, 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 violative of Article 14 and 16 of the Constitution of India and contrary to the law laid down by this Hon'ble Court vide judgment passed by this Hon'ble Court on dated 3-8-2023 (Annexure-P/3) in C.W.P. No.2004/2017 a/w C.W.P. No.629/2018 upholding the judgment dated 25-5-2017 passed by the erstwhile Ld. H.P. Administrative Tribunal in O.A. No.3337/2016. (ii) That the respondent may kindly be directed to count the entire service of the petitioner, including initial service on contract basis, followed by regularization towards seniority along with all consequential benefits being a covered matter by the law laid down by this Hon'ble Court vide 3-8-2023 (Annexure-P/3) in C.W.P. No.2004/2017 a/w C.W.P. No.629/2018 upholding the judgment dated 25-5-2017 passed by the erstwhile Ld. H.P. Administrative Tribunal in O.A. No.3337/2016 whereby the service rendered by the employees concerned on contract basis has been ordered to be counted for the purpose of seniority along with consequential benefits and the respondent department is under legal duty to count the Contract services of the petitioner for the purpose of annual increments.” 4. Learned counsel for the petitioner submitted that the case of the petitioner and the reliefs prayed for by her 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 14.10.2024 (Annexure P-4) preferred by the petitioner for claiming the above reliefs is pending consideration with the respondents. Learned counsel further submits that the petitioner would be content in case the respondents/ competent authority is directed to decide the aforesaid 2 CWP No.2004 of 2017, decided alongwith connected matter on 03.08.2023 3 representation within a fixed time schedule. Learned Deputy Advocate General submits that the respondents are not averse to consider the case of the petitioner 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 representation of the petitioner dated 14.10.2024 (Annexure P-4) 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 petitioner. It is clarified that all rights and contentions of the parties are left open. 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