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High CourtsDivision Bench(2021) 04 SHI CK 0188

Anjana Kumari vs State Of HP And Anr

High Court Of Himachal Pradesh · Decided on 22 April 2021

HON’BLE JUDGES
Sureshwar Thakur, J · Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2501 Of 2021
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Judgment

7 paragraphs · 330 words

Sandeep Sharma, J

(Through Video Conferencing)

1.

By way of instant petition, petitioner has prayed for following reliefs:-

i. That the respondents may kindly be directed to implement the judgment passed in CWP(T) No. 5253 of 2008 titled as Narian Singh Vs State of Himachal Pradesh as well as LPA No. 146 of 2010 case qua the petitioner without any discrimination.

ii. That the respondents may kindly be directed to count the break in period of the services rendered by the petitioner on contract basis for the purpose of seniority pensionary benefits, increments, arrears and other consequential service benefits. The respondents may further be directed to re-fix the pay of the petitioners by giving them all annual increments for the period for which they have worked on contract basis and arrears may be paid alongwith interest.

2.

Learned counsel for the petitioner, on instructions, states that his client would be content and satisfied in case her case is ordered to be considered and decided in accordance with judgment dated 21.4.2010, passed by a Single Bench of this Court, in CWP(T) No. 5253 of 2008, titled Narain Singh v. State of HP and Ors (Annexure P-1), in a time bound manner. Learned Additional Advocate General is not averse to the aforesaid prayer made on behalf of the petitioner.

3.

Consequently, in view of above, present writ petition is disposed of with a direction to respondents/ competent authority to decide the case of the petitioner in light of the aforesaid judgment (Annexure P-1) within a period of four weeks from today. Needless to say, if the petitioner is found to be similarly situate, she shall be given the benefit of the aforesaid judgment. Respondents/competent authority, while doing the needful, shall afford an opportunity of hearing to the petitioner and pass a speaking order thereupon. Liberty is also reserved to the petitioner to approach appropriate court of law at appropriate time, if she still remains aggrieved. All pending applications also stand disposed of.