Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.2949 of 2023 Date of Decision: 08.05.2025 _____________________________________________________________________ Pushpender Singh Thakur ……...Petitioner Versus State of H.P. and Another
…....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ganesh Barowalia, proxy counsel, for Mr. Neel Kamal Sharma, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Learned Additional Advocate General has placed on record communication dated 05.05.2025, issued under the signatures of Under Secretary (Education) to the Government of Himachal Pradesh, which reads as under:
“I am directed to refer to your letter No EDN-H(8)B(8)E(3)CWP 2949/2023 dated 19-04-2025 on the subject cited above and to request you to take over the services of the petitioner on regular basis w.e.f 20.04.2007 on the analogy of the CWP 7602/2010 titled Om Prakash Vs State of HP & ors. subject to any legal remedy the State may exercise if deems fit. It is further requested that after implementing, compliance affidavit may be filed in the Hon'ble High Court well within time to avoid any adverse order under intimation to this department.”
2
2. Learned Additional Advocate General states that relief, as prayed for in the instant proceedings, on behalf of the petitioner has been accepted and as such, present petition has been rendered infructuous. 3. Having perused aforesaid communication, vis-a-vis relief prayed for in the instant petition, this Court is persuaded to agree with Mr. Rajan Kahol, learned Additional Advocate General. Aforesaid communication, which is taken on record, clearly reveals that office of Secretary (Education) to the Government of Himachal Pradesh, has directed Director of Higher Education, Shimla, Himachal Pradesh, to take over the services of the petitioner on regular basis w.e.f. 20.04.2007 on the analogy of CWP No.7602 of 2010, titled Om Prakash Vs. State of H.P. and Others, subject to any legal remedy, the State may exercise, if deemed fit. 4.
Since decision has been already taken to regularize the services of the petitioner from due date, this Court sees no reason to refuse the prayer made on behalf of the petitioner for grant of consequential benefits, as such, present petition is disposed of, with the direction to respondents to ensure that consequential benefits, on account of regularization from due date, be also released, expeditiously, preferably, within a period of four months. 5. Compliance of direction contained in the instant order be filed by the Secretary (Education) to the Government of Himachal
3 Pradesh, after expiry of four months time granted by this Court. Liberty is reserved to the petitioner to file appropriate proceedings in the appropriate Court of law, qua the surviving grievance, if required and desired. Pending applications, if any, also stand disposed of. May 08, 2025 (Sandeep Sharma), Rajeev Raturi
Judge