Decided On: October 13 vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 16346 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                CWP No. 7673 of 2023
                                          Decided on: October 13, 2023
    ________________________________________________________
    Amit Raina                                       ........... Petitioner




                                                                                .
                                      Versus





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





    Whether approved for reporting? 1

    For the Petitioner                     :      Mr. Onkar Jairath, Advocate.

    For the respondents                    :
                                  Mr. Anoop Rattan, Advocate General
                                  with Rajan Kahol, Mr. Vishal Panwar





                                  and    Mr. B.C. Verma, Additional
                                  Advocates General with Mr. Ravi
                                  Chauhan & Ms. Sunaina, Deputy
                                  Advocates 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 release all financial benefits such as pay, annual increment etc w.e.f. 01.04.2018 after having regularized his services in terms of Notification dated 11.05.2018 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 petitioner in light of

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

say, authority concerned shall afford opportunity of hearing to the

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

the petitioner to file appropriate proceedings in appropriate court of law,

if he still remains aggrieved.

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

(Sandeep Sharma)

Judge October 13, 2023 Vikrant