Parveen Kumar & Ors vs State Of H.P. And Anr
2024 Latest Caselaw 5128 HP

Himachal Pradesh High Court

Parveen Kumar & Ors vs State Of H.P. And Anr on 6 May, 2024

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 CWP No.          3776 of 2024




                                                                     .
                                                 Decided on: 06.05.2024





     Parveen Kumar & Ors.                                          ....Petitioners





                                         Versus

     State of H.P. and Anr.                                      ...Respondents.





     Coram

     The Hon'ble Mr. Justice Satyen Vaidya, Judge.
     Whether approved for reporting?1


     For the petitioner          :       Mr. Bhupinder Thakur & Shiv
                                         Pal Manhans, Advocates.


     For the respondents         :       Mr. Leela Nand Sharma,
                                         Additional Advocate General.




     Satyen Vaidya, Judge (Oral)

The instant petition has been filed for the following

substantive reliefs:-

"i) Issue a writ of mandamus directing the respondents to count the services of the petitioners from their initial appointment on contract basis till their regularization for the purpose of seniority, increments, pensioner benefits and other consequential benefits in

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

terms of the judgment passed by this Hon'ble Court in CWP No. 2004/2017, titled as, Taj Mohammad vs State of H.P, CWPOA

.

No. 1745/2020 titled as Chaman Lal &

others vs. State of H.P. and recently in CWP No. 5290/2023 titled as Arun Kumar vs. State of H.P. in the interest of justice.

ii) Issue a writ of mandamus directing the respondents to release the entire consequential benefits along with interest @ 9% per annum from the date of their

appointment to the date of realization."

2. Learned counsel for the petitioners

submits that the case of the petitioners is squarely

covered by the judgment passed by a Coordinate

Bench of this Court in CWP No. 2004 of 2017, titled

as, Taj Mohammad & others vs. State of H.P. &

others, on 3.8.2023 along with another connected

matter. He further submits that petitioners shall be

content in case the respondents are directed to

consider the case of the petitioners in a time bound

manner in light of judgment ibid.

3. Accordingly, the petition is disposed of

without making any comments on the merits of the

case of the petitioners. It is directed that respondents

shall consider the case of the petitioners in light of

judgment passed by a Coordinate Bench of this Court

in CWP No. 2004 of 2017, within eight weeks from

today and will decide the same by passing a speaking

.

order. In case, the petitioners are found similarly

situated as petitioners in CWP No. 2004 of 2017, they

will also be granted the same benefits as granted to

petitioners in above referred case. Pending

miscellaneous application, if any, also stand disposed

of.

                                                (Satyen Vaidya)

    06th May, 2024                                   Judge

      (Shamsh Tabrez)