Himachal Pradesh High Court
Ajay Kumar And Others vs State Of H.P. & Others on 30 November, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.9563 of 2023
Date of Decision: 30.11.2023
_____________________________________________________________________
.
Ajay Kumar and others
.........Petitioners
Versus
State of H.P. & others
.......Respondents
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge.
of
Whether approved for reporting?
_____________________________________________________________________
-----------
For the petitioners:
rt Mr. Parkash Sharma, Advocate.
For the respondents: Mr. Vishal Panwar, Additional Advocate
General.
___________________________________________________________________________
Ranjan Sharma, J. (Oral)
Notice. Mr. Vishal Panwar, learned Additional
Advocate General, appears and waives service of notice on
behalf of the respondents.
2. With the consent of the parties, the instant
writ petition is taken up for disposal at this stage in view
of the order(s) intended to be passed herein.
3. The petitioners have filed the instant
writ petition with the following prayer(s):-
"i) That the respondents may kindly be
directed to petitioners the services of the
DMs, appointed on contract basis
on 29.09.2017 are liable to be considered
regularized in the minimum of pre-revised
pay scale of Rs. 10300+34800+3200
Grade Pay w.e.f. 26.10.2020 i.e. from the
date their counterparts were regularized
.
instead of 30.04.2021 after taking
into consideration of their three years
continuous service as on 30.09.2020, with
all consequential benefits.
ii) That the respondents may kindly be
of
directed to extend the benefits of judgment
dated 26.03.2021 passed in CWP
rt No. 5488/2020 & instructions dated
06.04.2022 at Annexure P-4 to the
petitioners, with all consequential benefits
including benefits."
4. The learned counsel for the petitioners
submits that the petitioners are seeking the benefit of the
judgment passed by the Division Bench of this court in
CWP No.5488 of 2020, titled as Gulshan Bhatia and others.
Vs. State of H.P., decided on 26.03.2021 which has been
followed by a Coordinate Bench of this Court in CWP No.1166
of 2022 titled as Hardeep Kumar and others vs. State
of H.P. and another, decided on 11.07.2022.
5. In the background of the judgments passed by
this Court in the case of Gulshan Bhatia and Hardeep Kumar
(supra), Mr. Parkash Sharma, learned counsel for the petitioners,
submits that the State authorities have implemented
the judgment on 6th April, 2022 (Annexure P-4).
.
5. In view of this, the learned counsel for the petitioner
submits that once the petitioners herein, are similarly placed
at par with the petitioners in the decided matters of
Gulshan Bhatia and Hardeep Kumar (supra) and their case
of
may be looked into on the same analogy.
6. Per contra Mr. Vishal Panwar, learned Additional
Advocate,
rt
submits that the petitioners have approached
this Court, without raising their grievances based on
aforesaid judgments before the competent authority and
therefore, the petition, as per him, is not maintainable.
7. Faced with this situation, Mr. Parkash Sharma,
Advocate, submits that this Court may permit the petitioner
to make a representation within a time bound manner.
The prayer so made, being innocuous is not opposed and in
the interest of justice is accordingly granted.
8. Without going into the rival claims and contention
of the parties, this Court directs respondent No.2-Director
of Elementary Education, Himachal Pradesh, that in case
the present petitioners make a representation to the
aforesaid respondent within four weeks from today, then
the matter shall be looked into in accordance with the mandate
of the judgments referred to above, if applicable on the
.
facts of the instant case; with further directions to the
aforesaid respondent to decide/examine the same within
three weeks thereafter.
9. With directions as aforesaid, the writ petition
of
as well as the pending miscellaneous(s) if any, shall also
disposed of, accordingly.
rt
30th November 2023 (Ranjan Sharma)
Tarun/tm Judge
