Citation : 2025 Latest Caselaw 2629 HP
Judgement Date : 28 July, 2025
Roshani Devi vs. State of Himachal Pradesh and others Ex. Petition(T) No.5 of 2025
.
28.07.2025 Present Mr. Adarsh K. Vashista, Advocate, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr.
Ravi Chauhan, Deputy Advocate General, for the respondents/State.
Pursuant to order dated 08.07.2025, learned
Additional Advocate General has placed on record
communication dated 24th July, 2025, issued under the
signatures of Director School Education, Himachal Pradesh,
wherein it has been stated that in view of the provisions of " The
Himachal Pradesh Recruitment and Conditions of Service of
Government Employees Act, 2024", the services of the petitioner
have been regularized after 12.12.2003 as such cannot be
considered deemed regularized from the date of his initial
appointment on contract basis. The period during which the
petitioner worked on contract basis is not entitled to be counted
for any consequential/monetary benefits such as seniority,
increment and promotion etc.
Having perused aforesaid communication, which is
taken on record, this Court is persuaded to agree with learned
counsel for the petitioner that attempt has been made by the
respondents to overreach the judgment passed by this Court.
Though, having taken note of the fact that judgment
sought to be executed was passed on 16.09.2023, coupled with
the fact that many opportunities already stand granted to the
respondents to comply with the judgment, there appears to be no
justification to grant further time, but by way of indulgence and on
.
the vehement request of learned Additional Advocate General,
one more opportunity of two weeks, as prayed for, is granted to
the respondents to comply with the mandate contained in the
judgment in its letter and spirit, failing which, respondents shall
remain present in Court on the next date of hearing to explain
that why property of the department as well as salaries of the
erring officials be not ordered to be attached towards execution
and implementation of the judgment sought to be executed.
List on 18.08.2025.
(Sandeep Sharma)
Judge July 28, 2025 (shankar)
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