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2025 DAILYLAW 8296 (HP)

RUCHI THAKUR v. UNION OF INDIA AND ORS

CWP/2164/2021 · 2025-09-16

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2164 of 2021 Decided on: 16th September, 2025 ------------------------------------------------------------------------------------- Ruchi Thakur …..Petitioner Versus Union of India and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Atul Kumar, Advocate vice Mr. Nipun Sharma, Advocate. For the Respondents: Mr. Balram Sharma, DSGI with Mr. Rajeev Sharma, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition has been filed for the grant of following substantive reliefs:- “(i). That writ of certiorari may kindly be issued and the impugned advertisement (Annexure P-3) qua the post of Nursing Assistant in Polyclinic Palampur, may kindly be quashed and set aside. (ii). That writ of mandamus may kindly be issued and the respondents may kindly be directed to renew the contract of the petitioner for a further period at par with other employees and to allow the petitioner to continue to work as Nursing Assistant at ECHS Polyclinic Palampur, District Kangra, H.P.” 2. While admitting the writ petition on 31.03.2021, in the interim, the respondents were directed not to 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 terminate the services of the petitioner. The interim order was extended from time to time. 3. The respondents have filed their reply. Facts pleaded by the petitioner have not been disputed. 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. 4. 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, also stand disposed of. Jyotsna Rewal Dua September 16, 2025 Judge Mukesh