Himachal Pradesh High Court
Decided On : 24.10.2024 vs The State Of Himachal Pradesh And Others on 24 October, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:10235
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
CWP No. 10947 of 2023
Decided on : 24.10.2024
Naresh Kumar
...Petitioner
Versus
The State of Himachal Pradesh and others..
...Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1
For the petitioner : Mr. Mehar Chand, Advocate.
For the respondents : Mr. Rajpal Thakur, Additional
Advocate General, for
respondents No.1 to 4.
Mr. M.L. Sharma, Advocate, for
respondent No.5.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has, inter
alia, prayed for the following reliefs:-
"(i). That the respondents may very kindly be directed
to regularize the service of the petitioner with effect from
due date, as per the policy framed by the State
Government with all consequential benefits, by issuing
1Whether reporters of the local papers may be allowed to see the judgment?
2024:HHC:10235
a writ of mandamus.
(ii That the respondent may kindly be directed to
grant the regular pay scale as similar persons granted
as per notification dated 28.03.2016 Annexure P-9."
2. Today, when the case was taken up for
consideration, learned counsel for the petitioner submits that
the case is now squarely covered by the judgment of this Court
in CWP No.6957 of 2022, titled Lalit Sharma Vs. State of H.P. &
Ors. along-with connected matters, decided on 08.05.2024,
copy whereof is appended with the rejoinder. He accordingly
prays that the findings returned therein be ordered to have
been returned in the present writ petition also.
3. Though the factum of the issue being covered by
the said judgment has not been disputed by the learned
counsel for the respondents, however, the Court has been
informed that the State has preferred a Letters Patent Appeal
against the said judgment.
4. On a query put to the learned Additional Advocate
General, the Court stands informed that the operation of the
judgment in issue has not been stayed by the Hon'ble Division
Bench.
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5. In this view of the matter, this writ petition is
disposed of with the direction that the directions passed by this
Court in CWP No.6957 of 2022, titled Lalit Sharma Vs. State of
H.P. & Ors. along-with connected matters, decided on
08.05.2024, shall be construed to have been passed in the
present writ petition also and the relief that has been granted to
the petitioner in Lalit Sharma Vs. State of H.P. & Ors. along-
with connected matters, shall be construed to have been
granted to the petitioner also by quashing the impugned
annexure. The competent Authority accordingly is directed to
convert the services of the petitioner to Government contract
after completion of three years of service without consequential
benefits. However, monetary benefits shall be restricted as up
to three years from the date of filing of this writ petition. This,
however, will be subject to the legal rights of the respondents to
assail this order passed by the Court, as also the adjudication
by the Hon'ble Division Bench in the Letters Patent Appeal, that
has been preferred by the State against the judgment which
has been relied upon for the decision of this writ petition.
Pending miscellaneous application(s), if any, also stand
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disposed of accordingly.
(Ajay Mohan Goel)
Judge
October 24, 2024
(Shivank Thakur)
