Bramhi Devi vs State of Himachal Pradesh and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayer:

That a writ of mandamus may very kindly be issued thereby directing the Respondents to count the tenure services rendered by the husband of Petitioner from the date of initial appointment till the issuance of regularization order, for the purpose of annual increment and all consequential benefits of pay fixation etc. and the period may be treated as qualifying service for the purpose of pension benefits and thereafter pension of the Petitioner be refixed with consequential benefits.

The Petitioner claims the benefit of regularization during the tenure period of service rendered by her and also the consequential benefits. According to the Petitioner, the issue is covered in her favour by the judgment of this Court dated 16.12.2010 rendered in CWP No. 4550 of 2010 titled as Ravi Kumar v. State of H.P. and Ors.

Learned Addl. Advocate General points out that the factual aspects are to be verified by the competent authority. Petitioner submits that she would file appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for her to do so.

Therefore, the writ petition is disposed of directing the Respondent concerned to examine the matter and verify the facts in the light of the judgment referred to above and take appropriate action thereon within a period of four months from the date of the production of a copy of this judgment along with a copy of the writ petition and the copy of the judgment referred to above by the Petitioner.

The writ petition is disposed of, so also the pending applications, if any.