Himachal Pradesh High Court
Jagdish Chand Shukla Son Of Sh. ... vs Himachal Pradesh And Others on 18 April, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 18th DAY OF APRIL, 2022
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
.
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION NO.1850 OF 2022
Between:-
1. JAGDISH CHAND SHUKLA SON OF SH. SITA RAM, R/O
VILLAGE KHASHKANDI, P.O. KUTARA, TEHSIL ROHRU,
DISTRICT SHIMLA, HIMACHAL PRADESH, PRESENTLY
POSTED AT GSSS ROHRU AS LECTURER (HINDI) AND HIS
AGE IS ABOUT NEARING 58 YEARS.
2. SUJATA NEGI WIFE OF SH. PRAMOD SINGH NEGI, R/O
VILLAGE BHAMNALA, P.O. KUTARA, TEHSIL ROHRU,
DISTRICT SHIMLA, HIMACHAL PRADESH RETIRED FROM
GSSS ROHRU AS LECTURER AND RETIRED ON 28.2.2022
AGE MORE THAN 58 YEARS AND 1 MONTH.
...PETITIONERS
(BY MR. DAVINDER CHAUHAN JAITA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH ITS
PRINCIPAL SECRETARY(EDUCATION) TO THE
GOVERNMENT OF HIMACHAL PRADESH.
2. DIRECTOR, DIRECTORATE OF HIGHER EDUCATION,
SHIMLA, HIMACHAL PRADESH.
3. PRINCIPAL GOVERNMENT SENIOR SECONDARY
SCHOOL (GIRLS) ROHRU, DISTRICT SHIMLA,
HIMACHAL PRADESH.
...RESPONDENTS
(BY MR. ASHOK SHARMA, ADVOCATE GENERAL, MR. SHIV
PAL MANHANS, MR. VINOD THAKUR, ADDITIONAL
ADVOCATES GENERAL AND MR. BHUPINDER THAKUR,
DEPUTY ADVOCATE GENERAL)
1
WHETHER APPROVED FOR REPORTING? No.
This petition coming on for orders, Hon'ble Mr. Justice Tarlok
Singh Chauhan, passed the following :
ORDER
Whether reporters of Local Papers may be allowed to see the judgment ? Yes.
Notice. Mr. Bhupinder Thakur, learned Deputy Advocate
General, appears and waives service of notice on behalf of the
respondents-State.
.
2. The instant petition has been filed for the grant of following
substantive reliefs:
i. That the petitioners be considered for
regularization immediately upon completion of 8
years services i.e. with effect from 2006 in term of
the judgment vide Annexure P-4.
ii. That the seniority and consequential benefits
may also be granted in favour of the petitioners
w.e.f. after completion of 8 years of services.
3. Learned counsel for the petitioners states that the issue in
question is squarely covered by the judgment of this Court rendered in
CWP No.1853 of 2009 titled as Arpana Bali vs. The State of
Himachal Pradesh and others, decided on 10.4.2013. This matter is
required to be seen and gone into by the respondents.
4. Therefore, in the facts and circumstances of the case, we
dispose of this writ petition directing the respondents to consider and
decide the case of the petitioners in the light of the aforesaid decision and
in case their case is found to be covered under the said judgment then
the same and similar benefits as extended to the petitioners in CWP
No.1853 of 2009, be also extended to the petitioners herein. This entire
exercise shall be completed within three months. Pending application(s),
if any, also stands disposed of.
For compliance, list on 18th July, 2022.
( Tarlok Singh Chauhan)
Judge
( Chander Bhusan Barowalia )
Judge
18th April, 2022 (CS)
.
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