Himachal Pradesh High Court
Inder Singh Sharma vs State Of Himachal Pradesh As on 19 August, 2021
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 19TH DAY OF AUGUST, 2021
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CIVIL WRIT PETITION No. 2684 OF 2021
BETWEEN:-
1. INDER SINGH SHARMA,
S/O SH. CHET RAM, RESIDENT
OF VILLAGE BOHAL, P.O. &
TEHSIL KAMRAOU, DISTRICT
SIRMOUR, H.P. PRESENTLY
WORKING AS LECTURER IN
HISTORY AT GOVT. SR. SEC.
SCHOOL KILLOUR, TEHSIL
PAONTA SAHBI, DISTRICT
SIRMOUR, H.P.
2. DHANBIR SINGH,
S/O SH. JATI RAM, RESIDENT
OF VILLAGE BHARLI, P.O.
SHIVA, TEHSIL PAONTA
SAHIB, DISTRICT SIRMOUR,
H.P. PRESENTLY WORKING
AS LECTURER IN POLITICAL
SCIENCE AT GOVT. SR. SEC.
SCHOOL MISSERWAL, TEHSIL
PAONTA SAHIB, DISTRICT
SIRMOUR, H.P.
3. RAMESH CHAND,
S/O SH. KANSHI RAM,
RESIDENT OF NEGI NIWAS,
HOSPITAL ROAD, SHILLAI,
TEHSIL SHILLI, DISTRICT
SIRMOUR, H.P. PRESENTLY
WORKING AS LECTURER IN
GEOGRAPHY AT GOVT. SR.
SEC. SCHOOL BANDLI
DHADAS, TEHSIL SHILLAI,
DISTRICT SIRMOUR, H.P.
4. INDER SINGH,
S/O SH. MOHI RAM, RESIDENT
OF VILLAGE NAWNA, P.O.
KANDO-BHATNOL, TEHSIL
SHILLI, DISTRICT SIRMOUR,
H.P. PRESENTLY WORKING
AS LECTURER IN ECONOMICS
AT GOVT. SR. SEC. SCHOOL
BANETHI, TEHSIL NAHAN,
DISTRICT SIRMOUR, H.P.
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5. DEEP RAM,
S/O SH. PERMANAND,
RESIDENT OF VILLAGE
CHAMYANA, P.O. PANAR,
TEHSIL DADAHU, DISTRICT
.
SIRMOUR, H.P. PRESENTLY
WORKING AS LECTURER IN
POLITICAL SCIENCE AT GOVT.
SR. SEC. SCHOOL BANETHI,
TEHSIL NAHAN, DISTRICT
SIRMOUR, H.P.
6. DHARAM SINGH,
S/O LATE BARO RAM,
RESIDENT OF VILLAGE
BAMBAL, P.O. KOTI-ULTROW,
TEHSIL SHILLAI, DISTRICT
SIRMOUR, H.P. PRESENTLY
WORKING AS LECTURER IN
ECONOMICS AT GOVT. SR.
SEC. SCHOOL DRABIL,
DISTRICT SIRMOUR, H.P.
7. MADAN LAL,
S/O SH. RIKHI RAM, RESIDENT
OF VILLAGE SWARA-
LANDASI, P.O. BIRLA, TEHSIL
DADAHU, DISTRICT SIRMOUR,
H.P. RETIRED AS LECTURER
IN HINDI FROM GOVT. SR.
SEC. SCHOOL BHARAG
BANERI, TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
8. DEV DUTT SAINI,
S/O SH. PREM SINGH SAINI,
RESIDENT OF KALSI NIWAS,
NEAR G.M. RESIDENCE
BANLOG, NAHAN, TEHSIL
NAHAN, DISTRICT SIRMOUR,
H.P. PRESENTLY WORKING
AS LECTURER IN COMMERCE
AT GOVT. SR. SEC. SCHOOL
NAHAN, TEHSIL NAHAN, ....PETITIONERS
DISTRICT SIRMOUR, H.P.
(BY SH. SURINDER PRAKASH SHARMA,
ADVOCATE)
AND
1. STATE OF H.P. THROUGH
PRINCIPAL SECRETARY
EDUCATION TO THE
GOVERNMENT OF HIMACHAL
PRADESH SHIMLA-2.
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2. DIRECTOR OF HIGHER
EDUCATION, HIMACHAL ....RESPONDENTS
PRADESH, SHIMLA-1.
(BY SH. RAJU RAM RAHI, DEPUTY
.
ADVOCATE GENERAL)
Whether approved for reporting?
This Petition coming on for hearing this day, the Court
passed the following:
ORDER
This petition has been filed seeking direction to the
respondents to implement judgment dated 21.4.2020 passed in CWP(T)
No. 5253 of 2008, titled as Narain Singh vs. State of Himachal Pradesh as
well as judgment passed in LPA No. 146 of 2010, decided on 1.9.2015,
titled as State of Himachal Pradesh and others Vs. Narain Singh, qua
petitioners without any discrimination with further prayer that respondents
be directed to count the break-in period of service rendered by the
petitioner on contract basis for the purpose of seniority, pensionary
benefits, increments, arrears and other consequential benefits and to re-fix
the pay of the petitioners by giving them all annual increments for the
period for which they worked on contract basis.
2. In response to the petition, learned Deputy Advocate General
has placed on record instructions dated 17.8.2021, whereby it has been
informed that services of petitioners No. 1, 2, 5, 6 and 7 have been
regularized from the date(s) applicable to them respectively i.e. from the
date when their juniors in contract service were regularized in terms of
judgments passed in CWP(T) No. 5253 of 2008 and LPA No. 146 of 2010
and also approval of Government dated 21.1.2021 with all consequential
benefits vide order dated 24.7.2021 by taking into consideration the initial
contract engagement in the relevant subject. It is further submitted in
communication that benefits of aforesaid judgments has not been
extended to petitioners No. 3, 4 and 8 for the reason that their services
.
were terminated by following the principle of "last come first go" and thus
their claim has been rejected by the Director Higher Education by passing
separate orders dated 12.8.2021, copies of orders have also been
annexed with the communication and also have been supplied to learned
counsel for the petitioner.
3. In view of aforesaid development, nothing survives to be
adjudicated in the present petition with respect to the claim of petitioners
No. 1, 2, 5, 6 and 7 but for passing of orders dated 12.8.2021 with respect
to petitioners No. 3, 4 and 8 rejecting their claim, they have a right to assail
the same if they still feel aggrieved and hence these petitioners are at
liberty to avail appropriate remedy by filing comprehensive petition for
redressal of their grievances in accordance with law, if desired so.
With aforesaid observations, petition stands disposed of.
(Vivek Singh Thakur),
th
19 August, 2021 Judge.
(Keshav)
