Prakash Chand vs State Of Himachal Pradesh And Others
2024 Latest Caselaw 13086 HP

Himachal Pradesh High Court

Prakash Chand vs State Of Himachal Pradesh And Others on 4 September, 2024

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( 2024:HHC:7941 )



    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                         .

                                            CWP No.9107 of 2024
                                            Date of Decision : 04.09.2024





Prakash Chand                                               ...... Petitioner
                                     Versus

State of Himachal Pradesh and others





                                                            ......Respondents

Coram:

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


Whether approved for reporting?1

For the petitioner     :       Mr. Hamender Singh Chandel, Advocate.

For the respondents :          Mr. B.N. Sharma, Additional Advocate General, for



                               respondents No.1 & 2/State.

                               Mr. Mukul Sood, Advocate, for respondent No.3.




Bipin Chander Negi, Judge (oral)

Notice. Mr. B.N. Sharma, learned Additional Advocate General and

Mr. Mukul Sood, learned counsel, appear and waive service of notice on behalf of

respondents No.1 & 2 and respondent No.3, respectively.

2. Petitioner, in the case at hand, was appointed as a Peon in the

respondent-Corporation, on 17.12.1997 Subsequent thereto, the services of the

petitioner were regularized vide order dated 21.04.2007. The sole contention

raised in the present petition by the petitioner is with respect to counting of

contractual service for the purpose of qualifying service for grant of pension.

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

( 2024:HHC:7941 )

.

3. According to learned counsel for the petitioner, the case at hand, is

squarely covered by the decision rendered by the Division Bench of this Court in

CWPOA No.195 of 2019, titled Sheela Devi vs. State of H.P. and others, on

26.12.2019, which according to learned counsel for the petitioner stands

implemented as it has attained finality.

4.

A perusal of the impugned order dated 03.07.2024 makes it evident

that the case of the petitioner has not been considered in terms of Sheela Devi's

case supra. In view of above, impugned order dated 03.07.2024 (Annexure P-9)

is quashed. Respondent No.2 is directed to decide the case of the petitioner

afresh in terms of Sheela Devi's case supra, within a period of three weeks from

today.

5. In the case at hand, it would be pertinent to mention that the

petitioner has been un-necessarily subjected to 3rd round of litigation. Hence, in

this backdrop, the case of the petitioner be decided by duly applying mind to the

facts of the case at hand in terms of judgment passed in Sheela Devi's case

supra. It be ensured that the petitioner is not further subjected to unnecessary

litigation. If, in case the petitioner is subjected to unnecessary litigation, then the

concerned authorities shall be liable to pay costs on account of unnecessary

litigation to which the petitioner will be subjected.

In view of above terms, present petition stands disposed of, so also,

pending miscellaneous application(s), if any.

( 2024:HHC:7941 )

.

                              ( Bipin Chander Negi)





September 04, 2024 (KS)               Judge





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