Decided On: October 13 vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 16373 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                CWP No. 7747 of 2023
                                          Decided on: October 13, 2023
    ________________________________________________________
    Lalit Kumar 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. Kush Sharma, 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:

"i) Issue a writ of mandamus for directing the respondents to strictly implement policy decision dated 11.05.2018 (Annexure P-1) to regularize the services of petitioners w.e.f. 01.05.2018

along-with all consequential benefits for all intent and purposes as being held by this Hon'ble Court in CWP No. 342 of 2021 in

Yashwant versus State of H.P. & others dated 31.08.2022, further upheld by Apex Court on 24.04.20223 in Special Leave to Appeal (C) No(s). 6966 of 2023, which has been further

followed in CWP Nos. 1715/2023 and 1717/2023 vide Judgment dated 04.04.2023 (Annexure P-3).

ii) Issue an appropriate writ, order or direction to the Respondents to fix the pay of the Petitioners accordingly and to calculate & pay arrears of salary consequent upon regularization of service from due date along-with seniority etc. in service."

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 13, 2023 Vikrant