Kashmir Singh Rawal & Ors vs State Of Himachal Pradesh And Others
2024 Latest Caselaw 17959 HP

Himachal Pradesh High Court

Kashmir Singh Rawal & Ors vs State Of Himachal Pradesh And Others on 22 November, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                           ( 2024:HHC:12279 )


     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                     CWP No. 155 of 2024
                                     Decided on 22nd November, 2024
Kashmir Singh Rawal & Ors.                            ...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:       Mr. Vinod Chauhan, Advocate.

For the respondents:       Mr. Sumit Sharma, Deputy Advocate
                           General, for respondents No. 1 and
                           2.

                           Mr. Surender Thakur, Advocate, for
                           respondent No. 3.

Ajay Mohan Goel, Judge (Oral)

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

alia, prayed for the following reliefs:-

"I. That respondents may be directed to count their services rendered by them on contractual basis with effect from date of their initial appointment and after completing 8 years for the purpose of pension and increments.

II. That respondent may be further directed that the petitioners may be held entitled for government provident fund being appointing prior to 15.05.2003 algonwith arrears and interest.

III. That the service record of the petitioners may also be produced for perusal before this Hon'ble Court. IV. That any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may kindly be awarded in favour of the petitioners."

2 ( 2024:HHC:12279 )

2. Learned counsel for the petitioners have relied upon the

judgment of the Hon'ble Division Bench of this Court in LPA No.338

of 2024 titled Narayan Dutt Sharma versus State of Himachal

Pradesh and others, decided on 12.11.2024 and submitted that the

relief being prayed for by the petitioners are squarely covered by the

said judgment.

3. Taking into consideration the fact that the petitioners

have prayed for the counting of the contract service rendered by

them before their regularization for the purposes of pension and

annual increments, this writ petition is disposed of with the direction

that the service rendered by the petitioners on contractual basis

shall be taken into consideration as qualifying serving for the

purpose of pension and also annual increments, in terms of the

judgment of the Hon'ble Division Bench being relied upon by the

petitioners. However, the arrears will be restricted three years as

from the date of the filing of this writ petition. Pending miscellaneous

applications, if any, also stand disposed of. Needful be done in three

months time.

(Ajay Mohan Goel) Judge November 22, 2024 (Shamsh Tabrez)