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2025 DAILYLAW 4978 (HP)

PEARL RANA v. STATE OF HP AND ANOTHER

CWP/449/2024 · 2025-01-04

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 449 of 2024 Decided on: 04.01.2025 Ms Pearl Rana … Petitioner Versus State of Himachal Pradesh and another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Janesh Gupta, Advocate. For the respondents : Mr. Rajpal Thakur, Addl. AG for respondent No. 1. : Mr. Manohar Lal Sharma, Advocate for respondent Nio. 2. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:- “ …….(b) Appropriate directions may be issued to the respondents to pass a speaking order on the representation of the petitioner. (c) Appropriate directions may be issued to thre respondents to benefit of Government Contractual Employee in terms of Annexure P-2 in favour of the petitioner from the date of her completion of requisite contractual period alongwith all consequential benefits.” 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2. When this case was taken up for consideration today, learned Counsel for the petitioner submits that as the case of the petitioner is squarely covered by the judgment passed by this Court in CWP No. 6957 of 2022, titled as Lalit Sharma vs. State of H.P. and others alongwith connected matters, decided on 08.05.2024, therefore, interest of justice would be served, in case, this petition is also disposed of in light of the adjudication made by this Court in abovesaid CWP No. 6957 of 2022 (supra), subject to the outcome of the letters patent appeal preferred in said case by the State. 3. As it could not be disputed by learned Counsel for the respondents that relief prayed for by the petitioner is squarely covered by the judgment passed by this Court in CWP No. 6957 of 2022, titled as Lalit Sharma vs. State of H.P. and others alongwith connected matters, decided on 08.05.2024, therefore, this writ petition is disposed of with the direction that the directions passed by this Court in CWP No.6957 of 2022, titled Lalit Sharma Vs. State of H.P. & Ors. alongwith connected matters, decided on 08.05.2024, shall be construed to have been passed in the present writ petition also and the relief that has been granted to the petitioner in Lalit Sharma Vs. State of H.P. & Ors. alongwith connected matters, shall be construed to have been granted to the petitioner also by quashing 3 the impugned annexure. The competent Authority accordingly is directed to convert the services of the petitioner to Government contract after completion of three years of service without consequential benefits. However, monetary benefits shall be restricted as up to three years from the date of filing of this writ petition. This, however, will be subject to the legal rights of the respondents to assail this order passed by the Court, as also the adjudication by the Hon’ble Division Bench in the Letters Patent Appeal, that has been preferred by the State against the judgment which has been relied upon for the decision of this writ petition. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge January 04, 2025 (narender)