Decided On: October 13 vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 16371 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                CWP No. 1801 of 2021
                                          Decided on: October 13, 2023
    ________________________________________________________
    The Government Primary Teachers Federation Himachal Pradesh and




                                                                                .
    another                                         ........... 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. Naveen K. Bhardwaj, 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.

    ________________________________________________________

    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:

"(i) That respondents may be directed to produce all the records pertaining to the members of the federation/petitioners till date

(ii) That the services of the members of the federation/petitioners may be considered for subscription to the, GPF deductions,

pensionary benefits, increments and seniority and others benefits and other entire ancillary and consequential benefits as those of

other Government employees as they were also appointed before 15.5.2003, when the policy of the Pension was done away with by the Government ."

2. Learned counsel for the petitioners fairly states that the issue

raised in the instant petition has been decided by this Court vide

judgment dated 26.12.2019, titled Smt. Sheela Devi v. State Of HP

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

And Ors (CWPOA No. 195 of 2019), decided on 19.4.2023and

Jagdish Chand v. State of Himachal Pradesh & Others, CWP No.

2411 of 2019 and connected matters decided on 10.1.2020, 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 petitioner in light of

Sheela Devi and Jagdish Chand 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 Petitioner.

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 Sheela Devi and Jagdish Chand 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 13, 2023 Vikrant