Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.6470 of 2025
Decided on: 22nd May, 2025 ------------------------------------------------------------------------------------- Neelam Kanwar
…..Petitioner
Versus
State of Himachal Pradesh and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Lalit Kumar Sehgal, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate General, for respondents No.1 to 3. Mr. Bharat Bhushan, Senior Panel Counsel, for respondent No.4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, learned Additional Advocate General and Mr. Bharat Bhushan, learned Senior Panel Counsel, appear and waive service of notice on behalf of respondents No.1 to 3 and respondent No.4, respectively. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. The writ petition has been filed for the grant of following substantive reliefs:-
1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2
“i) The act, conduct and orders of the respondents of not regularizing the services of the petitioner after completion of 8 years of contract service is at par with the other similarly situated Government employees and imposing the condition in the regularization orders that in case of dissolution of the society, her services would stand automatically dispensed with and she will not be considered for taking over in Government Departments and not considering and not deciding the representation of the petitioner and not granting the benefits to the petitioner in accordance with the judgment dated 17.12.2021, passed by this Hon'ble Court in CWP No. 3743 of 2021, titled as Sh. Vikas Gupta& Other versus State of H.P. & Others, may kindly be held illegal, unjust and arbitrary, discriminatory, unfair, unconstitutional, against the principles of service jurisprudence and legitimate expectation and promissory estoppel and may kindly be quashed and set aside in the peculiar facts and circumstances of the case and in the interest of law, justice and fair play. ii) The petitioner may kindly be held entitled for regularization after completion of 8 years of contract service and to continue in regular employment till her date of superannuation i.e. 2031, as per the law laid down by this Hon'ble Court in with the judgment dated 17.12.2021, passed by this Hon'ble Court in CWP No.3743 of 2021, titled as Sh.
Vikas Gupta & Other versus State of H.P. & Others, in the interest of law, justice and fair play. iii) The respondents may kindly be directed to consider and decide the representation of the petitioner as per the law laid down by this Hon'ble Court in with the
judgment dated 17.12.2021, passed by this Hon'ble Court in CWP No.3743 of 2021, titled as Sh. Vikas Gupta & Other versus State of H.P., in the interest of law, justice and fair play.”
4.
Learned counsel for the petitioner submits that the petitioner has preferred a representation to respondent No.3 on 15.01.2025 (Annexure P-6) for claiming the above reliefs. Learned counsel further submits that the petitioner would be content in case the respondents/competent
3
authority(s) are
directed to decide the aforesaid representation within a fixed time schedule. Learned counsel appearing for the respondents are not averse to this prayer.
5.
Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with direction to the respondents/ competent authority to consider and decide the aforesaid representation of the petitioner dated 15.01.2025 (Annexure P-6) in accordance with law within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua May 22, 2025
Judge Mukesh