2024:Hhc:8507 vs State Of Hp & Ors
2024 Latest Caselaw 13771 HP

Himachal Pradesh High Court

2024:Hhc:8507 vs State Of Hp & Ors on 12 September, 2024

2024:HHC:8507

QIN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9869/2024.

Date of Decision: 12th September, 2024.

     Raksha Bhota                                                     .....Petitioner.




                                                                                       .
                                           Versus





      State of HP & Ors.                                             .....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, Addl. Advocate General, for respondents No.1 and 2.

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

Bipin Chander Negi, Judge (oral).

Notice. Mr. B.N. Sharma, Ld. Addl. Advocate

General and Mr. Mukul Sood, Advocate, 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

Clerk in the respondent-Corporation, on 01.04.1997.

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:8507

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, r impugned order dated 03.07.2024

(Annexure P-9) is quashed. Respondent No.3 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

2024:HHC:8507

authorities shall be liable to pay costs on account of

unnecessary litigation to which the petitioner will be

.

subjected.

6. In view thereof, present petition is disposed of, so

also the pending application(s), if any.

(Bipin Chander Negi) Judge

12th September, 2024 (Gaurav Rawat)