Decided On: October 6 vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 15518 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                 CWP No. 7311 of 2023
                                           Decided on: October 6, 2023
    ________________________________________________________
    Usha Kiran and others                           ........... Petitioners




                                                                                .
                                      Versus





    State of Himachal Pradesh and others              .... Respondents
    ________________________________________________________
    Coram:
    Hon'ble Mr. Justice Sandeep Sharma, Judge.





    Whether approved for reporting? 1

    For the Petitioners                    :      Mr. Rajat Kumar and Mr. Piyush
                                                  Dhanotia, Advocates.

    For the respondents                    :
                                  Mr. Rajan Kahol, Mr. Vishal Panwar





                                  and Mr. B.C. Verma, Additional
                                  Advocates General with Mr. Ravi
                                  Chauhan, Deputy Advocate General.
    ________________________________________________________
    Sandeep Sharma, Judge (oral):

By way of instant petition filed under Art. 226 of the Constitution

of India, the petitioners have prayed for the following main reliefs:

"A. That writ in the nature of mandamus or any other appropriate

writ order or direction be issued to respondents directing them to regularize the services of the petitioners on and w.e.f 01.04.2018 when she completed three years' service on

contract basis, in terms of Notification dated 11.05.2018 with all consequential benefits in view of the law laid down by this

Hon'ble Court in CWP No-342 of 2021 titled as Yashwant Singh and Others Versus State of Himachal Pradesh and

Others.

B. That writ in the nature of mandamus or any other appropriate writ, order or direction be issued to respondents to grant seniority w.e.f. 1-4-2018 in the cadre and release all financial benefits such as arrears of pay, annual increment etc. w.e.f. 01.04.2018 to the petitioners along with interest @ 9% P.A.".

Whether the reporters of the local papers may be allowed to see the judgment?

2. Learned counsel for the parties are ad-idem that the issue

raised in the instant petition has been settled by this court in Yashwant

Singh and others v. The State of Himachal Pradesh and another,

.

CWP No. 342 of 2021 decided on 31.8.2022.

3. In view of aforesaid fair stand adopted by learned counsel for

the parties, present petition is disposed of with a direction to the

respondents to consider and decide the case of the petitioners in light

of Yashwant Singh supra, within a period of four weeks. Needless to

say, authority concerned shall afford opportunity of hearing to the

petitioners and pass a speaking order thereafter. Liberty is reserved to

the petitioners to file appropriate proceedings in appropriate court of

law, if they still remain aggrieved.

All pending application(s), if any, also stands disposed of.

(Sandeep Sharma) Judge October 6, 2023 Vikrant