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2025 DAILYLAW 28643 (HP)

SHILPA KUMARI v. THE STATE OF HP AND ANR

CWP/1995/2025 · 2025-03-21

Sandeep Sharma

body2025

Judgment text

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2025:HHC:7132 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1995 of 2025 Date of Decision: 21.03.2025 _____________________________________________________________________ Shilpa Kumari ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vaibhav Tanwar, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals & Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main relief: “(i) That a writ of mandamus may kindly be issued directing the respondents to grant to the petitioner the benefit of contract service for all the purposes including seniority, annual increments along with all the consequential benefits as per the judgment passed by the Hon'ble Court in "Taj Mohammad v. State of Himachal Pradesh and others," CWP No. 2004 of 2017. Further direct the respondents to release to the petitioner all the consequential benefits along with arrears at the rate of 9% per annum.” 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 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 she still remains aggrieved. In the aforesaid terms, present petition is disposed of alongwith pending application(s), if any. March 21, 2025 (Sandeep Sharma), (sunil) Judge 2