Decided On 04Th July vs State Of Himachal Pradesh And Others
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Himachal Pradesh High Court

Decided On 04Th July vs State Of Himachal Pradesh And Others on 4 July, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                              2024:HHC:4573


           IN THE HIGH COURT OF HIMACHAL PRADESH AT
                                    SHIMLA
                                       CWP No. 2105 of 2024
                                        Decided on 04th July, 2024




                                                               .
    Naresh Dutt and others





                                                                   Petitioners
                             Versus
    State of Himachal Pradesh and others





                                                               ...Respondents
    Coram

    Hon'ble Mr. Justice Ajay Mohan Goel, Judge





    1
        Whether approved for reporting?
    For the petitioners:
                   r           Mr. Mohit Thakur, Advocate.

    For the respondents: Ms. Anup Rattan, Advocate General,
                        with Mr. Rajpal Thakur, Additional

                        Advocate General

    Ajay Mohan Goel, Judge (Oral)

By way of this writ petition, the petitioners have, inter

alia, prayed for the following relief:-

"That the respondents may be directed to

regularize the services of the petitioners with effect from 2018 on the same analogy as other regularized PTA Teachers have been granted the benefit. The State may

be directed to extend the benefit of the judgment dated 31.08.2022 as passed in CWP No.342 of 2021, titled as Yashwant Singh and others versus State of H.P. annexed as Annexure P-1 to the petitioners without any discrimination with full consequential benefits and arrears."

2. On the last date of hearing, learned counsel for the

petitioners has submitted that the relief prayed for by the

petitioners are squarely covered by the adjudication made by

the Hon'ble Division Bench of this Court in CWP No.342 of

2021, titled as Yashwant Singh and others versus The State of

.

Himachal Pradesh and others. Learned Additional Advocate

General had prayed that he be allowed to have appropriate

instructions in this regard.

3. Today learned Additional Advocate General on the

basis of instructions imparted by Director of Elementary

Education dated 02.07.2024, apprises the Court that indeed the

relief being prayed for by the petitioners is covered by the

judgment in issue.

4. Accordingly, this writ petition is allowed and the

respondents are directed to regularize the service of the

petitioners w.e.f. the due date i.e. 01.04.2018 and

consequential benefits shall follow. Monetary benefits, however,

will be confined up to three years as from the date of the filing

of the writ petition.

(Ajay Mohan Goel) Judge

July 04, 2023 (Vinod)