Neeraj Thakur & Anr vs State Of Hp & Anr
2024 Latest Caselaw 14903 HP

Himachal Pradesh High Court

Neeraj Thakur & Anr vs State Of Hp & Anr on 4 October, 2024

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11288/2024.

Date of Decision: 04th October 2024. Neeraj Thakur & Anr. .....Petitioners.

Versus

State of HP & Anr. .....Respondents. Coram

The Hon'ble Mr. Justice Bipin Chander Negi, Judge.

Whether approved for reporting?1

For the Petitioner: Mr. Dixit Sahotra, Advocate.

For the Respondents: Mr. R.K. Negi, Addl. Advocate General.

Bipin Chander Negi, Judge (oral).

Notice. Mr. R.K. Negi, Ld. Addl. Advocate General,

appears and waives service of notice on behalf of the

respondents.

2. Present petition has been filed for seeking following

substantive reliefs:-

i.) That respondents be directed to treat the

appointment of the petitioners as appointment on

regular basis from the date of his initial

appointment i.e. with effect from 19.10.2015.

ii.) That the respondents be directed to release

all consequential benefits to the petitioners in

view of his regularization with effect from

19.10.2015 i.e., increments, regular pay scale and

all other benefits which are available to regular

employees etc."

Whether reporters of Local Papers may be allowed to see the judgment? YES

3. From a perusal of documents appended along with the

present petition, it is evident that the petitioners, in the case at

hand, are persons with disability. Appropriate necessary

disability certificates stand appended along with as Annexure

P1(colly). The appointments of the petitioners, in the case at

hand, were made vide office order dated 19.10.2015 (Annexure

P-2). The names of the petitioner exist at Sr. Nos.9 and 10

thereof. Their services were regularized vide office order dated

28.05.2019 (Annexure P-3).

4. The aforesaid initial appointments vide Annexure P-2

were made against the 3% quota meant for persons with

disability. The petitioners are seeking the benefits of law laid

down by this Court in CWPOA No.1077 of 2019, titled Nitin

Kumar Vs. State of HP & anr., decided on 22.08.2022,

wherein it has been held that a person with disabilities is to be

appointed on regular basis.

5. Learned counsel for the petitioners further submits that

w.r.t. the grievances being raised in the present petition, an

appropriate representations dated 02.09.2024 stand made to

the concerned authorities. The same is appended with the

present petition as Annexure P-4.

6. Learned Addl. Advocate General submits that the

representations so made by the petitioner, shall be decided

within a period of four weeks from today.

7. In view thereof, present petition is disposed of, so also

the pending application(s), if any.

(Bipin Chander Negi) Judge

04th October, 2024 (Gaurav Rawat)