Himachal Pradesh High Court
Rakesh Kumar Saroch & Anr vs State Of H.P. & Anr on 7 November, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.9858 of 2023
Date of decision: 07.11.2024
Rakesh Kumar Saroch & Anr. ...Petitioners.
Versus
State of H.P. & Anr. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioners : Mr. Nikhil Katwal, Advocate.
For the respondents : Mr. Menka Raj Chauhan,
Deputy Advocate General, for the
respondents-State.
Jyotsna Rewal Dua, Judge
CMP-19764 of 2024
In view of averments made in the application,
names of petitioners No.1 and 2 are ordered to be deleted
from the array of parties.
Application is allowed and to stand disposed of.
CMP-19763 of 2024
Taking into consideration the contents of the
application, name of petitioner No.3 is ordered to be
corrected in terms of the prayer clause.
Application is allowed and to stand disposed of.
Whether reporters of Local Papers may be allowed to see the judgment? Yes
CMP-20417 of 2024
Application for early hearing is allowed and to
stand disposed of.
CWP-9858 of 2023
Amended memo of parties is taken on record.
Registry is directed to do necessary correction in causetitle.
Though the respondents have not filed reply to
the writ petition, however, with the consent of learned
counsel for the parties matter is taken up for disposal at this
stage.
2. This writ petition has been filed for the grant of
following substantive reliefs:-
"A. That a writ in the nature of Mandamus or any other
appropriate writ order or directions may kindly be issued
directing the Respondents by the petitioners in their
contractual service (from their initial date of appointment)
for the purpose of seniority as well as annual increments
along with all consequential benefits."
3. Learned counsel for the petitioners submitted
that the issue raised by the petitioners in this writ petition
has already been adjudicated upon in CWP No.2004 of 2017
(Taj Mohammad and others Versus The State of
Himachal Pradesh and Others), decided along with
connected matter on 03.08.2023. Learned counsel further
submits that the petitioners would be content in case a
direction is issued to the respondent/competent authority to
consider and decide the respective cases of the petitioners for
redressal of their grievances raised in the writ petition in
light of the aforesaid judgment within a fixed time schedule.
Learned counsel for the respondents states that
the respondents are not averse to consider the respective
cases of the petitioners 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 respective cases of the petitioners for redressal of
their grievances raised in the writ petition, 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
7 November, 2024
th
Judge
(Pardeep)
