Jagdish Kumar & Others vs State Of H.P. & Others

Satyen Vaidya, J

Notice. Learned Additional Advocate General accepts notice on behalf of the respondents.

The instant petition has been filed for the following prayers:-

“i) That writ in the nature of mandamus may kindly be issued directing the respondents to convert the services of the petitioners on contractual basis against the post of pump attendant with effect from due date i.e. 1.4.2019 instead of 3.11.2020 and 7.7.2021 in the time scale of pay with all consequential benefits.

ii) That writ in the nature of mandamus may kindly be issued directing the respondents to convert the services of the petitioners on regular basis after completion of 2 years of contractual services w.e.f. due date i.e. 1.4.2021 instead of 3.5.2023 with all consequential benefits i.e. seniority, arrears and monetary benefits in the interest of justice and fair play.”

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 Coordinate Bench of this Court dated 23.6.2021 in CWP No. 3047 of 2020, titled as Jagdish Kumar & others vs. State of H.P. & others. He further submits that the petitioners shall be content at this stage in case time bound directions are issued to respondent No.2 to consider and decide the case of the petitioners in terms of the aforesaid judgment.

Prayer being innocuous is not opposed. Accordingly, the petition is disposed of by directing respondent No.2 to consider and decide the case of the petitioners strictly in terms of the judgment dated 23.6.2021 in CWP No. 3047 of 2020, titled as Jagdish Kumar & others vs. State of H.P. & others within eight weeks from the date of production of a copy of this order before him. Needless to say that in case the petitioners herein are held entitled to the benefit of aforesaid judgment, they shall be granted all such benefits as were made available to the beneficiaries to the judgment in CWP No. 3047 of 2020. It is further clarified that in case the petitioners become entitled to monetary benefits, the same shall be restricted to a period of three years immediately preceding the filing of this petition. Pending applications, if any, also stand disposed of.