Naresh Kumar vs Himachal Road Transport Corporation ...
2024 Latest Caselaw 12445 HP

Himachal Pradesh High Court

Naresh Kumar vs Himachal Road Transport Corporation ... on 28 August, 2024

                                             1

                      ( 2024:HHC:7469 )



    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                              CWP No.360 of 2024




                                                                           .
                                              Date of Decision : 28.08.2024





Naresh Kumar                                                          ...... Petitioner





                               Versus

Himachal Road Transport Corporation and another ......Respondents





Coram:

The Hon'ble Mr. Justice Bipin Chander Negi, Judge

Whether approved for reporting?1

For the petitioner        :    Mr. Sat Prakash, Advocate.

For the respondents :          Mr. Raman Jamalta, Advocate.


Bipin Chander Negi, Judge (oral)

Petitioner in the present case was appointed as a Conductor in

the year, 2004 on contract basis. The service of the petitioner was regularized

in the year, 2012.

2. The present writ petition has been filed by the petitioner seeking

following substantive reliefs:-

"i) That the respondents may kindly be directed to regularize the services of the petitioner from his initial date of appointment i.e. w.e.f. 06.10.2004, with all consequential benefits, along with upto date interest.

ii) That or in alternative, the respondent corporation may kindly be directed to regularize the services of the petitioner immediately after one year i.e. in 2005, by modifying

Whether reporters of Local Papers may be allowed to see the judgment? Yes

( 2024:HHC:7469 )

regularization order dated 17.11.2013 with all consequential benefits"

.

3. Learned counsel for the petitioner has placed reliance upon the

judgment dated 09.11.2023, passed in CWPOA No.2343 of 2020, titled

Vikram Singh vs. Himachal Road Transport Corporation, along with

connected matters.

4. According to learned counsel for the petitioner, the case of the

petitioner is squarely covered by the judgment referred supra.

5. Learned counsel for the respondent-Corporation fairly submits

that the case of the present petitioner is squarely covered by the judgment

relied upon by the present petitioner in Vikram Singh's case (supra).

6. Accordingly, the petitioner is held entitled to regularization from

the date of completion of one-year contractual service after initial appointment,

with all consequential benefits from the due date.

7. The consequential benefits of the same shall be paid to the

petitioner, on or before 28.02.2025, failing which the respondent/ Corporation

shall also be liable to pay interest thereon @ 6% per annum.

8. Petition is allowed in the aforesaid terms, so also, pending

miscellaneous application(s), if any.

                                                  ( Bipin Chander Negi)
August 28th, 2024 (KS)                                    Judge