Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 268/2024
Decided on: 28.03.2025
Parminder Singh
…Petitioner
Versus State of H.P. & Anr. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners Mr. Piyush Mehta, Advocate. For the respondents: Mr. L.N. Sharma, Additional
Advocate General. Jyotsna Rewal Dua , J Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. The writ petition has been filed for the grant of following substantive reliefs:-
“ i. That this Hon'ble Court may be pleased to issue the Writ in the nature of Certiorari or any other appropriate writ order or direction quashing and setting aside the Impugned action of the Respondents, whereby the Regularization of the petitioner has been delayed unnecessarily and has been regularized on and w.e.f. 04.01.2022 instead from 28.12.2021 being patently illegal, arbitrary and unconstitutional besides the same being in violation to the settled law of the land. ii) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus directing the Respondents to regularize the services of the Petitioner w.e.f. 28.12.2021 i.e. from the date the Regularization Policy was liberalized, along with all consequential 1 Whether reporters of the local papers may be allowed to see the judgment? yes
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benefits, including the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 keeping in view the fact that the Petitioner has completed two years of contract service in the month of July, 2021 or in alternate the petitioner be accorded the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 after taking into account the services rendered by him on contract basis as he has been appointed after strictly in accordance with the Recruitment and Promotion Rules prior to
03.01.2022. iii) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus or any other appropriate writ order or direction, directing the respondents to assign the petitioner seniority after taking into consideration the entire length of service rendered by him from the date of his initial date of appointment on contract basis and he be assigned the seniority after taking into account their initial date of appointment, in view of the settled law of the land as has been narrated herein above in the preceding Paras of the Writ Petition.
iv) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus or any other appropriate writ order or direction, directing the respondents to count the contract service rendered by the Petitioner for the purposes of granting annual increments and consequential benefits i.e. as qualifying service for the purpose of Pension and Sother other pensionary benefits.”
3. Learned counsel for the petitioner submits that the issue involved and the relief prayed for by the petitioner have already been adjudicated in Mohit Sharma and Anr. Vs. State of H.P. and others2. Learned counsel further submits that the petitioner would be content, if the case of the petitioner is considered by the respondents in light of the aforesaid judgment within a time bound schedule. 22 CWP No. 1638 of 2024, decided on 29.11.2024
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Learned Additional Advocate General has no objection to this prayer. 4. Having regard to above submissions but without examining the merits of the matter, this petition is disposed of by directing the respondents to consider the case of the petitioner in light of the aforesaid judgment and pass appropriate order in accordance with law within a period of four weeks from the date of receipt of copy of this order. The decision so arrived at, shall be communicated to the petitioners. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge 28th March, 2025(rohit)