Himachal Pradesh High Court
Decided On: October 10 vs State Of Himachal Pradesh And ... on 10 October, 2023
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 7523 of 2023
Decided on: October 10, 2023
________________________________________________________
Subhash Chand 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. Devender K. Sharma, Advocate.
For the respondents :
Mr. Anoop Rattan, Advocate General
with Mr. Rajan Kahol, Mr. Vishal
Panwar and Mr. B.C. Verma,
Additional Advocates General & Mr.
Ravi Chauhan & Ms. Sunaina,
Deputy Advocates General, for the
respondents.
________________________________________________________
Sandeep Sharma, Judge (oral):
By way of present petition filed under Art. 226 of the Constitution
of India, the petitioners have prayed for following main reliefs:
"a. Writ in the nature of certiorari may kindly be issued and
impugned order dated 13.9.2021 may kindly be quashed and
set aside and a writ of mandamus may kindly be issued and
respondents department be directed to count the contractual
service rendered by the petitioners before regularization be
counted for the purpose of pension and increment with all
consequential benefits under Old Pension Scheme in view of
the judgment passed in CWP 2411 of 2019 titled Jagdish
Chand versus State of HP and CWPOA 5507 of 2020 titled as
Omawati versus State of HP and others and the arrear
accrued thereon be paid with along with interest from the date
of accrual till the date of realization in the interest of justice and
fair play."
Whether the reporters of the local papers may be allowed to see the judgment?
2. Learned counsel for the petitioners fairly states that the issue
raised in the instant petition has been decided by this Court in Jagdish
Chand v. State of Himachal Pradesh & Others, CWP No. 2411 of
.
2019, decided on 10.1.2020 and connected matters and Oma Wati
and another v. State of Himachal Pradesh and others, CWPOA No.
5507 of 2020, decided on 21.8.2023., and his clients shall be content
and satisfied, in case a direction is issued to the respondents to
consider and decide the case of the petitioners in light of Oma Wati
supra, in a time bound manner.
3.
Mr. Rajan Kahol, learned Additional Advocate General is not
averse to the innocuous prayer made on behalf of the petitioners.
4.
Consequently, in view of above, present petition is disposed of
with a direction to the respondents to consider and decide the case of
the petitioners in light of Jagdish Chand and Oma Wati supra, within a
period of four weeks. Needless to say, authority concerned, while doing
the needful in terms of this order, 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.
5. The petition stands disposed of in the afore terms, alongwith all
pending applications.
(Sandeep Sharma)
Judge
October 10, 2023
Vikrant
