Himachal Pradesh High Court
_________________________________________________________________ vs State Of H.P. & Anr on 4 November, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.10864 of 2023
Decided on:4th November, 2024
_________________________________________________________________
Bihari Lal & Ors ....Petitioners
Versus
State of H.P. & Anr. ...Respondents
_________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting?
_________________________________________________________________
For the petitioners: Mr. Ashwani K. Sharma, Advocate.
For the respondents: Ms. Menka Raj Chauhan, Deputy
Advocate General.
Jyotsna Rewal Dua, Judge
Though, the respondents have not filed reply,
however, with the consent of learned counsel for the parties,
matter is heard at this stage.
2. This writ petition has been filed for grant of
following substantive reliefs: -
"(A) That the provisions contained in Column No. 15A
of the Recruitment and Promotion Rules, 2010
(Annexure P-1) and of amended rules of dated
19-8-2011 (Annexure P-2) wherein the
contractual employees have been restrained from
claiming seniority for contractual services, be
Whether reporters of Local Papers may be allowed to see the judgment? yes
declared illegal, void ab initio and discriminatory
and in violation to the precedents laid down by
Hon'ble Apex Court as well as by his Hon'ble
Court.
(B) That the respondent authority be directed to
count entire services rendered by the petitioners
on contract basis, from the date of their initial
appointment followed by their regularisation, for
the purpose of increments, seniority and all other
consequential service benefits, arising
therefrom."
3. Learned counsel for the petitioners submitted that
the grievance of the petitioners in respect of the above reliefs
has already been adjudicated upon in CWP No.2004 of 2017
(Taj Mohammad and others Versus The State of
Himachal Pradesh and others), decided alongwith
connected matter on 03.08.2023. Learned counsel further
submits that the petitioners would be content in case the
respondents are directed to consider and decide the cases of
the petitioners for grant of above reliefs in light of the
aforesaid judgment within a fixed time schedule. Learned
Deputy Advocate General submits that the respondents are
not averse to consider the case of the petitioner in light of the
aforesaid judgment, however, all rights and contentions of the
parties be left open for decision.
4. Having regard to the afore-submissions, but
without examining the merits of the matter, this writ petition
is disposed of by directing the respondents to consider and
decide the cases of the petitioners for grant of above reliefs, in
accordance with law and taking into consideration the above
judgment in the case of Taj Mohammad, supra, within a
period of six weeks from today. The decision so arrived at
shall also be communicated to the petitioners.
It is clarified that all rights and contentions of the
parties are left open.
The writ petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua
Judge
November 4, 2024
R.Atal
