____________________________________________________ vs Hrtc And Another
2024 Latest Caselaw 12629 HP

Himachal Pradesh High Court

____________________________________________________ vs Hrtc And Another on 30 August, 2024

      IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                                          CWP No. 8874 of 2024
                                         Decided on: 30.08.2024
    ____________________________________________________
    Harish Kumar
                                               ........... petitioner




                                                                                .
                                Versus





    HRTC and another                               respondents
    ____________________________________________________
    Coram:





    Hon'ble Mr. Justice Bipin Chander Negi, Judge
    Whether approved for reporting? 1
    For the petitioner                     :      Mr.   Balwant Singh Thakur and
                                                  Ms. Nargis Thakur, Advocate.
    For the respondents                    :      Mr. Aashima Premy, Advocate, vice





                                                  Mr. Raman Jamalta, Advocate.
    ____________________________________________________
    Bipin Chander Negi, Judge (oral)

Petitioner in the present case was appointed as a

Driver on 28.04.2005 on contract basis. The services of the

petitioner were regularized in the year, 2013.

2. In the aforesaid backdrop, present petition had been

filed, seeking the following substantive reliefs:

"a) That a writ in the nature of mandamus may kindly

be issued directing Respondent Corporation regularize services of the petitioner from his initial date of appointment and treat petitioner as appointee on regular

appointee with all consequential benefits in the interest of justice.

b) That or in alternative, the respondent corporation

may kindly be directed to regularize the services of the petitioners immediately after one year, by modifying regularization order Annexure P-2, with all consequential benefits in view of judgment by this Hon'ble Court in case CWPOA No.2343 of 2020 titled as Vikram Singh versus HRTC and others".

3. Learned counsel for the petitioner has placed

reliance upon the judgment dated 09.11.2023, passed in CWPOA

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

No.2343 of 2020, titled Vikram Singh vs. Himachal Road

Transport Corporation, alongwith 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 respondents-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. r 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

respondents Corporation shall also be liable to pay interest

thereon @ 6% per annum.

8. Accordingly, the present petition is disposed of in the

aforesaid terms, so also, pending miscellaneous application(s), if

any.

(Bipin Chander Negi) Judge

August 30, 2024 tarun