Extracted from the PDF above. The PDF is authoritative.
2025:HHC:3473 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1873 of 2025 Date of Decision: 25.02.2025 _____________________________________________________________________ Kishori Lal ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. R.L.Chaudhary & Mr. H.R.Sidhu, Advocates. For the respondents: Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, 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 relief:
“(i) That writ of mandamus may kindly be issued, directing the respondents to give regularization to the petitioner against the post of Language Teacher on completion of three years continuous contractual service from the due date i.e. January, 2018 in view of the judgment dated 31.08.2022 passed by this Hon’ble Court in CWP No. 342/2021 titled as Yashwant Singh & Ors. Vs. State of Himachal Pradesh & Ors. alongwith connected matters (Annexure P-5) with all consequential benefits including seniority from the due date.”
2. Before reply, if any, from the respondents could be received, learned counsel representing the petitioner, on instructions, states that petitioner would be content and satisfied in case directions
are issued to the respondents to consider the claim of the petitioner in light of judgment rendered by Principal Division Bench of this Court in CWP No. 342 of 2024 titled as Yashwant Singh & Ors. Vs. State of Himachal Pradesh & Ors. alongwith connected matters, wherein issue sought to be decided in the instant proceedings already stands adjudicated. 2. Having regard to the averments contained in the petition, which is duly supported with an affidavit as well as relief prayed for vis-a-vis judgment sought to be relied upon, this Court finds that issue sought to be decided in the instant proceedings already stands adjudicated by Principal Division Bench of this Court in Yashwant Singh’s case (supra) and as such, there appears to be no justification to call for the reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. While accepting notice on behalf of the respondents, learned Deputy Advocate General, fairly states that representation, if any, filed by the petitioner shall be considered and decided in accordance with the law in a time bound manner. 3.
Having heard learned counsel for the parties and perused material available on record, this Court finds that through instant petition, petitioner has prayed for direction to the respondents to give regularization to the petitioner against the post of Language Teacher 2
on completion of three years continuous contractual service from the due date i.e. January, 2018 in terms of judgment rendered by Principal Division Bench of this Court in CWP No. 342 of 2024 titled as Yashwant Singh & Ors. Vs. State of Himachal Pradesh & Ors. alongwith connected matters. Since issue sought to be decided in the instant proceedings stands already decided by Principal Division Bench of this Court in Yashwant Singh’s case (supra), this Court sees no impediment in issuing direction to the respondents to consider the case of the petitioner. 3. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the case of the petitioner in light of Yashwant Singh’s case (supra), expeditiously, preferably within a period of six weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass speaking order thereafter. Pending applications, if any, stand disposed of. February 25, 2025 (Sandeep Sharma), (sunil)
Judge 3