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Judgment
9 paragraphs · 340 wordsJyotsna Rewal Dua, J
Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
With the consent of learned counsel for the parties, the matter is heard at this stage.
The petition has been filed for the grant of following relief:-
“A That a writ n the nature of mandamus or any other appropriate writ order or directions may kindly be issued directing the respondents for counting the service of the petitioner as contractual employee (from initial date of appointment) for the purpose of seniority as well as annual increments alongwith all consequential benefits.”
Learned counsel for the petitioner submitted that the grievance of the petitioner in respect of the above relief has already been adjudicated upon in CWP No.2004 of 2017 (Taj Mohammad and others Versus The State of Himachal Pradesh and others), decided alongwith connected matter on 03.08.2023. Learned counsel further submits that the petitioner would be content in case the respondents are directed to consider and decide the case of the petitioner for grant of above relief in light of the aforesaid judgment within a fixed time schedule. Learned Additional Advocate General submits that the respondents are not averse to consider the respective cases of the petitioners in light of the aforesaid judgment, however, all rights and contentions of the parties be left open for decision.
Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of by directing the respondents to consider and decide the case of the petitioner for grant of above relief, in accordance with law and taking into consideration the above judgment in the case of Taj Mohammad, supra, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner.
It is clarified that all rights and contentions of the parties are left open.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.