Dinesh Kumar & Ors vs State Of H.P. & Ors

Satyen Vaidya, J

Notice. Mr. Y. P. S. Dhaulta, learned Additional Advocate, General, appears and waives service of notice on behalf of the respondents.

The instant petitions have been filed for the following substantive reliefs:-

“i) That the initial appointment of petitioners as Veterinary Pharmacists may kindly be directed to be deemed to be on regular basis as per R&P Rules prevalent at the time of their appointment instead of contract basis with all consequential benefits, in the interest of justice.

ii) That the pay of the petitioners may kindly be accordingly directed to be re-fixed w.e.f. initial appointment and pay etc., be released, in the interest of justice”

At the very outset, learned counsel for the petitioners has submitted that the subject matter of instant petition is squarely covered by a judgment passed by a Division Bench of this Court on 4th October, 2019, in LPA No. 21 of 2013, titled as State of H.P. & Ors. vs. Ravinder Kumar, along with connected matters. He further submits that the judgment passed in LPA No.21 of 2013 has already been implemented by the State Government.

He submits that the petitioners in the instant petition shall be satisfied, at this stage, in case time bound directions are issued to respondent No.2 to consider and decide the case of the petitioners in light of judgment passed by the Division Bench of this Court in LPA No. 21 of 2013.

Prayer being innocuous is not opposed.

Accordingly, the instant petitions are disposed of with direction to respondent No.2 to consider and decide the case of the petitioners within eight weeks from today strictly in terms of the judgment passed by the Division Bench of this Court on 4th October, 2019, in LPA No. 21 of 2013, titled as State of H.P. & Ors. vs. Ravinder Kumar, along with connected matters, by passing a detailed and reasoned order. Needless to say that in case the petitioners are is found entitled to the benefits of aforesaid judgment, they shall be granted all similar benefits as have been granted to the beneficiary of judgment passed in LPA No.21 of 2013 within six weeks thereafter. It is clarified that monetary benefits, if any, available to the petitioners shall be restricted to a period of three years only immediately preceding the date of filing of instant petitions. Pending applications, if any, also stand disposed of.