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Judgment
Tarlok Singh Chauhan, J
Notice. Mr. Vikas Rajput, Advocate appears and waives service of notice on behalf of the respondents.
The instant petition has been filed for the grant of following substantive relief(s):
(I) Issue a writ of mandamus directing the respondent authorities to regularize the services of the petitioner from the date of his initial appointment i.e. w.e.f. 11.04.2002 with all consequential benefits under the kith and kin policy as has been done with similarly situated incumbents in compliance to the judgment passed by the Hon'ble Apex Court i.e. Annexure P4.
ii) That the respondents may further be directed to pay arrears alongwith interest @ 9% w.e.f. 11.4.2002 from the date of his services are entitled to be regularized."
Learned counsel for the petitioner states that the issue in question is squarely covered by the judgment dated 8.2.2019, rendered by the Hon'ble Supreme Court in Civil Appeal Nos 15571564 of 2019, in case titled as Himachal Road Transport Corporation versus Lekh Ram etc. It is a matter, which is required to be considered by the employer.
Therefore, without going into the merits of the case, we deem it proper to dispose of the writ petition by directing the respondents to consider and decide the case of the petitioner in the light of the aforesaid decision and if the case of the petitioner is covered by the aforesaid judgment, then the same and similar benefits as extended in the aforesaid judgment, be also extended to the petitioner herein. This entire exercise shall be completed within four weeks. Ordered accordingly. Pending application(s), if any, also stand disposed of.
For compliance, list on 30.12.2021.