Citation : 2023 Latest Caselaw 12766 HP
Judgement Date : 1 September, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3875/2023 Decided on: 01.09.2023
.
Jeet Ram ....Petitioner
Versus
State of H.P. & Anr. ......Respondents
............................................................................................. Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Sanjeev Bhushan Sr. Advocate
with Mr. Sohail Khan, Advocate.
For the respondents : Mr. Anup Rattan, Advocate General with Mr. Rupinder Singh, Additional
Advocate General.
Jyotsna Rewal Dua, J
This writ petition has been filed for the grant of following
substantive reliefs:-
"(i) to direct the respondents to count the contract services
rendered by the petitioner as Lecturer, History on and with effect from 17.01.2004 towards qualifying service for the purposes of pension under CCS (Pension) Rules, 1972 as well as for annual increments with all consequential benefits along with arrears and interest 9% p.a. in the interest of law and justice.
(ii) Since the petitioner had served continuously for a period of 19 years and his contract service on and w.e.f. 17.01.2004 has been followed by regularization on and w.e.f. 18.12.2014, therefore, respondents may kindly be directed to grant annual increments to
Whether reporters of the local papers may be allowed to see the judgment?
the petitioner w.e.f. 17.1.2004 with further directions to count the said service for the purpose of pension under CCS (Pension) Ruls, 1972 alongwith all consequential benefits of pay, arrears, seniority etc.
.
etc."
2. Learned counsel for the petitioner submitted that the case
of the petitioner and relief prayed for by him are covered by the
decisions dated 07.08.2023 of the Hon'ble Apex Court, rendered in
SLP (Civil) No. 10399/2020 & SLP(C) No.8012-8013/2021 (State of
Himachal Pradesh & Anr. Vs. Sheela Devi), dated 15.06.2015
rendered in CWP No.8953/2013 (Joga Singh & Others Vs. State of
Himachal Pradesh & Others) and dated 19.04.2023 rendered in CWP
No.3841/2022 (Dr. Umesh Kumar vs. State of Himachal Pradesh &
Another). Learned counsel for the petitioner states that the petitioner
would be content if the case of the petitioner is considered by the
respondent No.2 in light of the aforesaid judgments. Learned Additional
Advocate General is not averse to this prayer.
3. Having regard to above submissions and without going
into the merits of the case, this petition is disposed of by directing the
respondent No.2 to consider the case of the petitioner in light of the
aforesaid judgments and pass appropriate orders in accordance with
law within a period of eight weeks from the date of receipt of copy of
this order. The decision so arrived at, shall also be communicated to the
petitioner.
Pending miscellaneous application(s), if any, also to stand
disposed of.
.
Jyotsna Rewal Dua
Judge
1st September, 2023 (Rohit)
r to
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