Himachal Pradesh High Court
Decided On 05Th September vs State Of Himachal Pradesh And Another on 5 September, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:7953
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
CWP No. 663 of 2024
Decided on 05th September, 2024
.
Sumit Sharma
...Petitioner
Versus
State of Himachal Pradesh and another
...Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
1
Whether approved for reporting?
For the petitioner: M/s Onkar Jairath and Piyush Mehta,
Advocates.
For the respondents: Mr. Pushpinder Jaswal, Additional
Advocate General.
Ajay Mohan Goel, Judge (Oral)
CMP No.15327 of 2024
For the reasons stated in the application, present
application seeking early hearing of the petition is allowed.
2. Learned Counsel for the petitioner submits that the
relief prayed for by the petitioner is squarely covered by the
judgment passed by this Court in CWP No.2004/2017, titled as
Taj Mohammad and others vs. State of Himachal Pradesh and
2024:HHC:7953
others, decided on 03.08.2023. His contention is that the
petitioner, who was initially appointed as a Lecturer
.
(Mechanical) in the respondent-Department on contract basis
on 04.02.2013, was so appointed after following due process of
recruitment as is prescribed in the Recruitment & Promotion
Rules. The contract appointment of the petitioner has
culminated into regularization and accordingly he has argued
that as initial recruitment of the petitioner on contract basis was
as per the Recruitment & Promotion Rules, therefore, this
period has to be counted for the purpose of seniority and
eligibility for being considered for promotion to the post of HOD
(Mechanical Engineering) in terms of the law laid down by this
Court in Taj Mohammad's case (supra), which judgment is
based upon the law in this regard laid down by Hon'ble
Supreme Court of India in Direct Recruitment Class-II
Engineering Officer's Association vs. State of Maharashtra and
others, (1990) 2 Supreme Court Cases 715.
3. Though, the petition is opposed by the State, but it
could not be demonstrated before the Court that initial
appointment of the petitioner though on contract basis was by
2024:HHC:7953
following the process of recruitment provided in the
Recruitment & Promotion Rules and through Himachal Pradesh
.
Public Service Commission.
4. Accordingly, in this view of the matter, this Writ
Petition is allowed and the respondents are directed to count
the seniority of the petitioner from the date of his initial
appointment against the post of Lecturer (Mechanical) on
contract basis followed by regularization without interruption for
the purpose of seniority and consequential promotional benefits
for the post of HOD (Mechanical Engineering). However, it is
clarified that counting of the service shall only be for the
purpose of promotional benefits and not for monetary benefits.
5. With these directions, the petition is disposed of.
Pending miscellaneous application(s), if any, also stand
disposed of accordingly.
(Ajay Mohan Goel)
Judge
September 05, 2024
(Vinod)
