Vedika Sharma vs . State Of H.P. & Ors.
2023 Latest Caselaw 19289 HP

Himachal Pradesh High Court

Vedika Sharma vs . State Of H.P. & Ors. on 13 December, 2023

Vedika Sharma vs. State of H.P. & ors.

CWP No. 10210 of 2023.

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13.12.2023 Present: Mr. C. N. Singh and Mr. Anshul Gandhi, Advocates, for the petitioner.

Mr. B. C. Verma, Additional Advocate General for

respondents No. 1 to 3/State.

of CWP No. 10210 of 2023

Notice. Mr. B. C. Verma, learned Additional Advocate

General appears rt and waives service of notice on behalf of

respondents/State. Let reply be filed within three weeks.

CMP No 18582 of 2023

Notice in the aforesaid terms.

This is an application praying for interim directions.

The case records reveal that on the recommendations

of the Counselling Committee and the approval conveyed by the

Government, the petitioner was appointed as Tutor Specialist

(Direct), under the Department of Microbiology, in JLNGMC,

Chamba, District Chamba, on tenure basis, for a period of

three years. The aforesaid period of three years is still in force till

06.9.2024. The petitioner is praying for regularization of her

services, in terms of the mandate of the judgment passed by the

Division Bench of this Court in CWP No. 4423 of 2020,

titled Aakash Srivastava vs. State of Himachal Pradesh & Ors.,

decided on 20.07.2021, wherein, the directions for considering

the cases of tenure appointees was dealt with. In terms of the

said judgment dated 20.07.2021 category of the petitioner

i.e. Tutor Specialist was also referred to therein. However, the

directions given in the judgment by the Division Bench on

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20.07.2021 were assailed in SLP(Civil) Diary No(s). 18635/2021

before the Apex Court, whereby, as per orders dated 27.08.2021

(Annexure P-14), Hon'ble Apex Court stayed the directions by the

High Court with respect to regularization.

of

2. Be that as it may, once the petitioner was

appointed as Tutor Specialist on tenure basis for a period of three rt years on 07.09.2021 (Annexure P-9) and the aforesaid period of

three years is still in force till 06.09.2024, therefore, keeping

in view the interim orders passed by the Division Bench of this

Court in CWP No. 927 of 2023, titled a Dr. Ishita Jain vs. State

of H.P. & Ors. on 6.3.2023, this Court is inclined to grant interim

protection to the petitioner on the same analogy, in the following

terms:

"In the meantime, respondents are directed to allow the petitioner to continue on the post of

Tutor Specialist (Direct) in the Department of Microbiology at JLNGMC, Chamba, District Chamba."

Application is disposed of with a direction to the

applicant/petitioner to file the typed/legible/translated copies of

the documents in issue within three weeks.

    December 13, 2023                              (Ranjan Sharma),
    (PK)                                                Judge.