Himachal Pradesh High Court
Narender Kumar & Ors vs Rakesh Kanwar & Anr on 4 September, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
COPC No.402 of 2024
Date of decision: 04.09.2024
.
Narender Kumar & Ors. ...Petitioners.
Versus
Rakesh Kanwar & Anr. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioner : Ms. Anuja Mehta, Advocate.
For the respondents : Ms. Leena Guleria, Deputy
Advocate General.
Jyotsna Rewal Dua, Judge
This petition alleges violation of decision dated
12.01.2024 passed in Narender Kumar & Ors. vs. State of
H.P. & Ors.1. The operative part of the judgment containing
the direction reads as under:-
"14. In these circumstances, and on the request of learned
counsel for the petitioners, on instructions of the petitioners, this
Court permits the petitioners to make a representation, either
jointly or separately, to the Respondents/Competent Authority
within three weeks; with further directions to the aforesaid
Respondent to verify the facts; and in case, the petitioners are
found to be similarly placed then, to consider/examine the case of
the petitioners for extending similar benefits of deemed regular
appointment from the date the petitioners were appointed on
contractual basis, as Lecturers (School Cadre)/Post Graduate
Teachers, in the light of above referred judgments within six
weeks thereafter.
15. Upon consideration, in case, the respondents decide to
extend benefit of deemed regular appointment to the petitioner(s),
as Lecturer (School Cadre)/Post Graduate Teachers from the date
CWP No.615 of 2024, decided on 12.01.2024 (HP High Court)
Whether reporters of Local Papers may be allowed to see the judgment? Yes
of their initial appointment(s) on contractual basis as such; then,
the respondents shall grant consequential benefits notionally.
However, it is clarified, that the respondents shall give eligible and
admissible monetary benefits, to the petitioner(s), in accordance
with law.
.
16. Needless to say that, this Court has not adverted to the
rival contentions and merits of the matter and all questions of
facts and law are left open"
2. Upon being put to notice, learned Deputy
Advocate General has placed on record office memo dated
03.09.2024 from the office of Director of Higher Education,
Himachal Pradesh, which, inter alia, reads as under:-
r "Subject: COPCNo.402/2024 titled as Narender
Kumar and others Vs. Rakesh Kanwar
and others in CWP No. 615/2024.
Sir,
I have the honour to refer to above titled
Civil writ petition which is pending adjudication
before the Hon'ble Court.
In this regard it is submitted that
approval to fill up the 1404 post of Lecturer (School
Cadre) in various subject on contract basis was
conveyed by the Government vide letter No. EDN-A-
kha(1) 8/2005-L-dated 11-7-2008 and 23-9-2008.
Before inserting contract provision in Recruitment
and Promotion Rules on 11-6-2009, the posts were
advertised in February 2009. Therefore, the matter
has been taken up with the Govt. to change mode of
appointment from contract to Regular of these
selected candidates which is under consideration of
the Govt."
3. In view of the fact that respondents have taken up
the matter with the Government for changing the mode of
appointment of the petitioners from contract to regular and
the matter is stated to be pending consideration with the
Government. Learned counsel for the petitioners submits
that this petition be closed at this stage, however, liberty be
.
reserved to the petitioners to seek appropriate remedy at an
appropriate stage in accordance with law for redressal of
their grievances, if any.
Hence, in view of the instructions dated
03.09.2024 extracted above and in light of submission made
learned counsel, the present contempt proceedings are
closed reserving liberty to the petitioners to seek appropriate
remedy at an appropriate stage for redressal of their
grievances , in case the necessity so arises.
All pending miscellaneous application(s), if any, to
also stand disposed of.
Jyotsna Rewal Dua
4 September, 2024
th
Judge
(Pardeep)
