Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1397 of 2025 Date of Decision: 05.03.2025 _____________________________________________________________________ Aman Deep
……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Aashima Premy, proxy counsel for Mr. Ajay Thakur, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main reliefs:
“(i) That the directions may kindly be issued to the respondents to count the contractual service of the petitioner with effect from the date of initial appointment on contractual basis for all intents and purposes i.e. 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. (ii) That the respondents may kindly be directed to draw the seniority list whereby inducting the name of the petitioner at a proper place, whereby giving the benefits to petitioner of his
contractual service from the date of their initial appointment in the Department. (iii) That after counting the contractual service rendered by the petitioner, respondent further be directed to promote the petitioner to the post of Sr. Assistant with all consequential benefits from the due date of promotion. (iv) 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. (v) That the respondents kindly be directed to grant all consequential benefits to the petitioner same as has been granted to other similar situated person as per the judgment supra and thereafter fresh senior list may kindly be prepared.”
2.
Learned counsel for the petitioner states that the issue raised in the present petition is squarely covered by order dated 3.8.2023 passed by Division Bench of this Court in CWP No. 2004 of 2017 titled Taj Mohammad v. State of Himachal Pradesh and Ors. and his client shall be content and satisfied in case a direction is issued to the respondents to consider and decide the case of the petitioner in light of Taj Mohammad supra, in a time bound manner.
3. Mr. Rajan Kahol, learned Additional Advocate General is not averse to the innocuous prayer made on behalf of the petitioner.
4. Consequently, in view of above, present petition is
disposed of by directing the respondents to consider and decide the case of the petitioner in light of Taj Mohammad supra, within a period of six weeks. Needless to say, authority concerned, while doing 2
the needful in terms of this order, shall afford opportunity of hearing to the petitioner and pass a speaking order thereafter. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if he still remains aggrieved. In the aforesaid terms, present petition is disposed of alongwith pending application(s), if any. March 05, 2025 (Sandeep Sharma), (sunil)
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