Himachal Pradesh High Court
Decided On : 24.10.2024 vs State Of Himachal Pradesh And Others on 24 October, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:10230
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
CWP No. 5505 of 2024
Decided on : 24.10.2024
Reena Kumari
...Petitioner
Versus
State of Himachal Pradesh and others.
...Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1
For the petitioner : M/s Chander Narayan Singh and
Anshul Gandhi, Advocates.
For the respondents : Mr. Rahul Thakur, Deputy
Advocate General, for
respondents No.1, 2 & 4.
Mr. Ajay Kumar Sharma,
Advocate, for respondents No.3.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has
prayed for the following reliefs:-
"i. Issue a writ of Certiorari, Mandamus or other
appropriate writ, Order, directions as this Hon'ble Court
deems fit directing the Respondents to consider the case
of the Petitioner for continuity in service, her
regularization on the post of Cook (Visual Impaired) in
1Whether reporters of the local papers may be allowed to see the judgment?
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terms of the Government policy Dated 28th December,
2021( Annexure P-10) w.e.f. 26.04.2019 with all
consequential benefits.
ii. Issue a writ of Certiorari, Mandamus or other
appropriate writ, Order,directions as this Hon'ble Court
deems fit directing the Respondents to count break in
contractual service (if any) on the post of Cook, by the
Respondents no.4 and count such break in service
towards continuity in services for all intents and
purposes.
iii. Issue a writ of Certiorari, Mandamus or other
appropriate writ,Order,directions as this Hon'ble Court
deems fit directing the Respondents count the
contractual to services rendered by the petitioner
towards regular service for her pay fixation, increments,
promotions seniority allowances, pension,gratuity and
other service benefits etc.
iv. Accordingly Issue a writ of Certiorari, Mandamus
or other appropriate writ, Order directions as this
Hon'ble Court deems fit directing the Respondents to
pay the Petitioner, the arrears on account of grant of
aforementioned reliefs up till date, till its realization, as
per the revised regular scales from time to time, with
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interest @ 12 percent p.a. within a time bond manner.
v. Accordingly Issue a writ of Certiorari, Mandamus
or other appropriate writ, Order ,directions as this
Hon'ble Court deems fit directing the Respondents no. 1
to 2 to issue appropriate Grant-in-Aid in favour of
Respondent no.4, to meet the expenditure towards
regular payment of Regular Salary, service benefits etc
to the Petitioner within a time bond manner."
2. Learned counsel for the petitioner submits that the
petitioner is serving on contract basis with respondent No.4-
School since the year 2017 and till date her services have not
been regularized. He further informs the Court that persons
similarly situated as the petitioner had approached this Court
earlier and now there is an adjudication made by the Hon'ble
Division Bench of this Court in CWPOA No.6687 of 2020, titled
Roop Lal versus State of Himachal Pradesh and others and
other connected matters and it will be in the interest of justice,
in case, this petition be disposed of in same terms. He has
drawn the attention of the Court to the judgment passed by the
Hon'ble Division Bench in general and directions passed
therein as are contained in Para-50 thereof in particular. The
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adjudication of the lis of persons similarly situated as the
petitioner by the Hon'ble Division Bench of this Court could not
be disputed by the State though learned Additional Advocate
General submits that the State is exploring its legal remedies
against the judgment passed by the Hon'ble Division Bench.
3. Be that as it may, taking into consideration the fact
that the issue raised in the present writ petition is no more res
integra, this petition is disposed of by ordering that the
directions passed by the Hon'ble Division Bench referred to
hereinabove shall mutatis mutandis apply to this petition also
and the petition stands disposed of by further directing that the
directions contained in Para-50 of the judgment of the Hon'ble
Division Bench shall be treated to have been passed in the
present petition also. This of course, shall be subject to the
legal rights of the respondent of assailing the decisions in
issue. Pending miscellaneous application(s), if any, also stand
disposed of accordingly.
(Ajay Mohan Goel)
Judge
October 24, 2024
(Shivank Thakur)
