CWP/2073/2020
2021 Latest Caselaw 491 HP

CWP No.2073 of 2020 08.01.2021 Present: Mr. Ramakant Sharma, Advocate, for the

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petitioners.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas Rathore & Mr. Shiv

Pal Manhans, Additional Advocates General and Ms. Seema Sharma, Mr. Bhupinder Thakur & Mr. Yudhvir Singh Thakur, Deputy Advocates General, for the respondents-State. (Through Video Conferencing)

Learned counsel for the petitioners submits that

in similar matter, i.e. Ex. Pet. No.94 of 2020, listed today,

this Court passed the following order:-

"Learned Additional Advocate General has placed on record instructions dated 07th January, 2021, the relevant portion whereof

reads as under:

"In compliance to the directions of the Hon'ble Court, it is respectfully submitted that there is a huge finance liability involved in the present case hence, the matter was taken up

with the Government by the respondent-department vide letter No.EDN-H(2)B(2)54/2013-CC dated 3rd October, 2020 for necessary guidelines in this case. But the respondent

department has received different opinion from the Government in this case in respect of Law Department as well as Finance(Regulation) Department. Thus, the matter is being

taken up again with the Government for necessary clarification/guidelines and it shall take some more time to receive the same from the Government."

A perusal of the judgment passed by learned Single Judge in CWP No. 414 of 2014 and as affirmed by learned Division Bench of this Court in LPA No. 54 of 2019, alongwith other connected matters, would reveal that the relief granted in favour of the petitioner was that the case of the petitioners be considered in their respective subject on regular basis w.e.f. 6.2.2007, the date on which the College and the services of the staff were actually taken over.

Once that be so, then the State cannot take shelter of the plea of huge financial liabilities at least with respect to this part of the relief.

As regards the other benefit, i.e. financial benefit, the State in the peculiar facts and circumstances can definitely be accommodated for two months. Therefore, we direct the respondents to comply with the earlier part of the judgment by giving appointment to the decree- holder/petitioner as Lecturer (School cadre) in his respective subject with regular basis w.e.f. 06.02.2007.

As regards the financial liabilities, we adjourn the matter by two months.

List on 5.3.2021."

In view of this, the case is adjourned by two

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months for doing the needful.

List on 5th March, 2021.

                                     (Tarlok Singh Chauhan)
                                             Judge





                                       (Jyotsna Rewal Dua)
      January 08, 2021                       Judge
           (Mukesh)