Sonika vs State Of H.P. & Ors
2023 Latest Caselaw 127 HP

                                            1




        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                       CWP No. 1347 of 2021
                                          Decided on: 3rd January, 2023
    _____________________________________________________




                                                                    .
    Sonika
                                                                 ......Petitioner





                                        Versus

    State of H.P. & Ors





                                                     .....Respondents
    ______________________________________________________
    Coram
    The Hon'ble Mr. Justice Sandeep Sharma, Judge





    1 Whether approved for reporting?

    _____________________________________________________
    For the petitioner:
                     r                Mr. Jeevesh Sharma, Advocate.

    For the respondents :             Mr. Rajan Kahol and Mr. B.C. Verma,

                                      Additional Advocate Generals.


    Sandeep Sharma, J. (Oral)

The instant petition has been filed for the

following relief:-

"That the respondents may kindly be directed

to regularize the services of the petitioner on the post of Steno typist from the due date i.e.

w.e.f. 19.04.2006, when she had completed 8 years of continuous service on daily wage basis with 240 days in each calendar year with all the consequential service benefits such as full back wages, seniority and pay fixation etc. and the respondents may kindly

Whether reporters of Local Papers may be allowed to see the judgment?

be further directed to modify Annexure P-3 to the aforesaid extent qua the petitioner."

2. Learned counsel for the petitioner while inviting

.

attention of this Court to judgment dated 18.07.2019,

passed by erstwhile H.P. Administrate Tribunal in TA No.

6170 of 2015, titled as Kanta Thakur versus State of

H.P. & others, (Annexure P-4) submits that the issue

raised in the instant petition stands duly answered in the

aforesaid judgment and as such, petitioner would be

content and satisfied in case the respondents are directed

to consider and decide the case of the petitioner in light of

aforesaid judgment, in a time bound manner. Learned

Additional Advocate General is not averse to aforesaid

innocuous prayer made on behalf of the petitioner.

3. Having perused the averments contained in the

petition as well as relief prayed therein vis-a-vis judgment

sought to be relied upon, this Court finds that issue

raised in the instant petition already stands adjudicated

by learned erstwhile H.P. Administrative Tribunal in TA

No.6170 of 2015 in Kanta Thakur case (supra) and as

such, no prejudice, if any, would be caused to either of

the parties, if the respondents are directed to consider

and decide the case of the petitioner in light of judgment

.

supra.

4. Consequently, in view of the above, the present

petition is disposed of with the direction to the

respondents to consider and decide the case of the

petitioner in light of the judgment dated 18.07.2019,

passed by erstwhile H.P. Administrate Tribunal in Kanta

Thakur's case (supra) expeditiously, preferably within a

period of eight weeks and in case, petitioner is found to be

similarly situate to the case of Kanta Thakur, same

benefit shall be granted to her. Needless to say, authority

concerned while doing the needful in terms of instant

order shall afford an opportunity of being heard to the

petitioner and pass detailed speaking order thereupon.

Liberty is reserved to the petitioner to file appropriate

proceedings in appropriate court of law, if she still

remains aggrieved. Pending application(s), if any, also

stands disposed of.

For compliance, to come up on 7th March,

2023.

.

(Sandeep Sharma ) Judge January 03, 2023

(CS)

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