Ajay Sharma & Anr vs State Of H.P. & Anr

Jyotsna Rewal Dua, J

Mr. L.N. Sharma, Additional Advocate General, appears and waives service of notice on behalf of the respondent.

The instant petition bearing CWP No.6073/2020 has been filed for grant of following substantive relief(s):-

“ i) That a writ in the nature of Mandamus or any other appropriate writ or directions may kindly be issued directing the respondents to pay the same emoluments which have been paid to the regularly appointed Assistant Professors in the College on the principle of 'equal pay for equal work" from the date of their initial appointment on contract basis with, all consequential benefits alongwith interest @9% per annum.

ii) That a writ in the nature of Mandamus or any other appropriate writ or directions may kindly be issued directing the respondents to treat the Petitioners as appointed on regular basis with all consequential benefits w.e.f. June, 2010, since the qualifications, mode of recruitment, responsibilities, fundamental duties of the Petitioners are same as regular appointees and they have been appointed against the sanctioned posts through the Regular Selection Process conducted by H.P. Public Service Commission in consonance with the Recruitment and Promotion Rules in vogue governing the field.

iii) That a writ in the nature of Mandamus or any other appropriate writ or directions may kindly be issued directing the respondents to pay the revised pay i.e. Rs. 15600-39100 + Rs. 6000 GP with all admissible allowances w.e.f. June.2010.

iv) That a writ in the nature of Mandamus or any other appropriate writ or directions may kindly be issued directing the respondents to deduct the admissible contribution towards the Contributory Pension Scheme so as to entitle them for pension under the said scheme as they have been appointed after 15.5.2003 through the recognized recruiting Agency i.e. Himachal Pradesh Public Service Commission after undergoing regular selection process.

v) That a writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued directing the respondents to grant earned leave as is being granted to their counterparts working on regular basis.

vi) That a writ in the nature of Mandamus or any other appropriate writ or directions may kindly be issued directing the respondents to pay HRA as admissible under the Rules.

vii) That a writ in the nature of Mandamus or any other appropriate writ or directions may kindly be issued directing the respondents to count the service rendered on contract basis for the purpose of granting the Higher Scales/selection scale/ACPS and as qualifying service for pensionary benefits.” Similar petitions bearing CWP Nos.8436, 9953, 10464, 10620/2023 and CWP No.735/2024 have been filed for grant of following substantive relief(s):-

i. That this Hon’ble Court may be pleased to issue the writ in the nature of mandamus or any other appropriate writ order or directions to the respondent to grant the benefit of contract service for the all purposes and other consequential including as qualifying service for pensionary benefit and other benefits, being patently illegal and arbitrary besides the same being in violation to the settled law of the land.

ii) That this Hon’ble Court may be pleased to issue the writ in the nature of mandamus or any other appropriate writ order or direction the respondent to grant the benefits under CAS (Career Advancement Scheme) after taking into consideration the entire contract services as per the law laid down by the Hon’ble Supreme Court of India vide judgment passed in case titled as The Mahatma Gandhi University and other vs. Rinchymol Mathew Civil Appeal No.8031/2022 (Annexures P-8 & 9).

iii) The representation may be further directed to release the consequential benefits alongwith arrear alongwith interest @9% p.a.”

It has been submitted by learned counsel for the petitioners that issue akin to the one raised in the instant petitions has already been decided vide judgment dated 24.11.2023, passed in CWPOA No.3282 of 2019, titled as ‘Dr. Ranjeet Singh Thakur & Ors. Vs. State of H.P. & Ors.’. He has further submitted that the petitioners herein shall be satisfied, at this stage, in case the respondents-State is directed to consider and decide the case of petitioners in light of aforesaid judgment in a time bound manner.

Prayer being innocuous is not opposed by learned Additional Advocate General for the respondents.

Without adverting to the merits of the case, the instant petition is disposed of with direction to the respondents to consider and decide the case of the petitioners within four weeks from today strictly in terms of the judgment passed on 24.11.2023 in CWPOA No.3282 of 2019, titled as ‘Dr. Ranjeet Singh Thakur & Ors. Vs. State of H.P. & Ors.’, by passing a detailed and reasoned order. Needless to say that in case petitioners are found identically situated as the beneficiaries in the case(s) decided vide aforesaid judgment dated 21.11.2023, the petitioners shall also be extended all such benefits as made available to beneficiaries therein within further period of four weeks.

Pending application(s), if any, also stand disposed of.