Citation : 2022 Latest Caselaw 8355 HP
Judgement Date : 10 October, 2022
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 10th DAY OF OCTOBER, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CIVIL WRIT PETITION No. 4472 OF 2022
Between:-
BALWAN SINGH S/O LATE SH.
BHAGAT RAM R/O VILLAGE
MANDHARLI, PO KARUBA, TEHSIL
ROHRU, DISTRICT SHIMLA, H.P.,
PRESENTLY POSTED AT GSSS
KIARIKOT (SHIMLA) AS LECTURER IN
MATH DISTRICT SHIMLA, H.P.
..........PETITIONER
(BY MR. DAVINDER CHAUHAN JAITA,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY
(EDUCATION) TO THE
GOVERNMENT OF H.P. SHIMLA-2.
2. THE DIRECTOR OF HIGHER
EDUCATION, H.P. SHIMLA-1.
3. THE DIRECTOR OF ELEMENTARY
EDUCATION, H.P. SHIMLA.
4. THE PRINCIPAL GSSS KIARKOT
(SHIMLA), TEHSIL ROHRU,
DISTRICT SHIMLA, H.P.
..........RESPONDENTS
(BY MR. SUMESH RAJ AND SANJEEV SOOD,
ADDITIONAL AGS WITH MR. AMIT KUMAR
DHUMAL, DEPUTY AG FOR THE
RESPONDENTS
___________________________________________________________
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______________________________________________________
Whether approved for reporting:
.
This petition coming on for hearing this day, the Court
passed the following:-
JUDGEMENT
CMP No.13706 of 2022
Allowed, in terms of the prayer made therein.
CWP No.4472 of 2022
2. Heard.
3. By way of this petition, the petitioner has prayed for
the 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 terms of the judgment vide Annexure P-
(ii) That the seniority and consequential benefits may also
be granted in favour of the petitioner w.e.f. after
completion of 8 years of services."
4. Learned Additional Advocate General submits on the
basis of instructions so imparted to him by the Director of Higher
Education to the Government of Himachal Pradesh, that the
services of the petitioner now stand regularized after completion of
8 years of contract service vide office order dated 12.08.2022,
w.e.f. 01.01.2007 instead of 31.12.2008.
.
5. Learned Counsel for the petitioner submits that in view
of the statement of learned Additional Advocate General, the
proceedings can be closed but with the observation that in case
there is any surviving grievance of the petitioner, then, he shall be
at liberty to avail all such legal remedies as may be available to
him in law.
The petition is accordingly closed with liberty, as
prayed for. Pending miscellaneous application(s), if any, also stand
disposed of accordingly.
(Ajay Mohan Goel)
Judge October 10, 2022 (narender)
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