IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.1418 of 2025 Decided on: 7th April, 2025 _________________________________________________________________ Madhu Bala Thakur ....Petitioner Versus Union of India & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Dr. Lalit K. Sharma, Advocate. For the respondents: Mr. Balram Sharma, Deputy Solicitor General of India, with Mr. Rajiv Sharma, Advocate. ____________________________________________________________ Jyotsna Rewal Dua, Judge Though the respondents have not filed the reply, however, with the consent of learned counsel for the parties, matter is heard at this stage. 2. This writ petition has been filed for grant of following substantive reliefs:- “i) That the impugned employment notice dated 08/01/2025 Annexure P4(Colly) whereby the respondent no. 3 is going to fill up the post of Physiotherapist at ECHS Polyclinic Mandi which is already occupied by the petitioner since 16/07/2020 till date by another set of contractual appointee may kindly be set aside and quashed. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - ii) That respondents may kindly be directed to permit the petitioner to discharge her duty as Physiotherapist at ECHS Polyclinic Mandi till the disposal of the SLP(c) 36359/2016 titled Sonu Kumar vs. UOI and other which is pending adjudication before the Apex Court. iii) That the impugned Annexure P4(Colly) qua the post of Physiotherapist at ECHS Polyclinic Mandi being contrary to judgment dated 15/05/2024 passed by this Hon'ble Court in CWP No.3260 of 2016 and connected mattes may kindly be set aside and quashed.” 3. The gist of petitioner’s case and the issues involved were noticed in the following order passed on 21.01.2025, whereby interim relief was granted to the petitioner:- “Notice. Mr. Balram Sharma, learned Solicitor General of India, appears and waives service of notice on behalf of the respondents and seeks time to file reply. Pleadings (Reply/Rejoinder) be completed within six weeks. List thereafter. CMP No.1772 of 2025 Learned Deputy Solicitor General of India submits that contract, in the case at hand, with the petitioner is till 26.04.2025. In view of the aforesaid contract, as is evident from Annexure P2, specifically para3(a) thereof, the services of the petitioner shall not be disengaged/terminated prior to 26.04.2025. In view of the aforesaid, the instant application stands disposed of. CMP No.1773 of 2025 The application is disposed of with a direction to the applicant/petitioner to file true typed copy of Annexure P-4 within a period of four weeks.” - 3 - 4. Respondents have not filed reply, however it is an admitted position that petitioner was manning the post in question on contractual basis, when the said post was advertised by the respondents afresh to be filled up again on contractual basis. Respondents have also not disputed that the issue involved in the instant petition, is pending before the Hon’ble Apex Court in Special Leave Petition(C) No. 36359/2016 (Sonu Kumar Vs UOI), wherein interim protection has been granted in favour of the petitioner therein, who was similarly situated to the present petitioner. 5. In view of above, this writ petition is disposed of with direction that petitioner’s continuation on the post in question shall abide by the result of the aforesaid Special Leave Petition. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge April 7, 2025 R.Atal