Jeevan Prakash Sharma vs State Of H.P. And Others

Ajay Mohan Goel, J

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

"(i) That the respondents may be ordered to grant pay scale and other allowances of the post of Clerk/ Typist, to the applicant, from the date he joined in the Municipal Council Manali with all the benefits incidental thereof such as arrears etc. and the respondents may further be directed to promote the applicant as Clerk/Typist from the due date.

(ii) That the record of the case may be summoned in the interest of justice.

(iii) That any other relief to which the applicant is found entitled to, may be granted in favour of the applicant."

Mr. A.K. Gupta, learned Counsel for the petitioner submits that the present petitioner and one Shri Nanak Chand, who was similarly situated as the petitioner, had approached the erstwhile Himachal Pradesh Administrative Tribunal, praying for the same reliefs, which the petitioner has prayed for in the present petition. The original application, which was filed by Nanak Chand, i.e. OA (M) No. 375 of 2017, titled as Nanak Chand versus The State of H.P. and others, was decided by the learned Tribunal vide order dated 09.05.2018. A copy of the order so passed by learned Tribunal has been handed over by learned Counsel for the petitioner in the Court, para 5 and 6 thereof read as under:-

"5. Thus, in view of the factual position emerging out of the above averments set-up on behalf of respondents No. 1 and 2, it is evident that respondent No. 3, the Municipal Council Manali, District Kullu, is competent to consider and take a devision on the above prayers of the applicant for regularization of his services as Draughtsman from the due date since his initial engagement along with consequential benefits.

In view of the above, the original application is disposed of with a direction to respondent No. 3, through its Executive Officer, to consider and decide the case of the applicant for regularization of his services as Draughtsman from the due date since his initial engagement along with consequential benefits as expeditiously as possible, but in any case not later than three months from the date of production of certified copy of this order before the said authority by the applicant."

He submits that this petition be also disposed of in terms of the observations, as have been made by learned Tribunal in paras 5 and 6 of the order passed by it on 09.05.2018, for the reason that after the decision of the learned Tribunal, Shri Nanak Chand already stands promoted against the post of Clerk, whereas the case of the petitioner is not being considered for promotion as Clerk/Typist on the pretext of pendency of the present writ petition.

Ms. Seema Sharma, learned Deputy Advocate General submits that this petition be disposed of in terms of the observations, as have been made by the learned Tribunal in the case of Nanak Chand, but with the caveat that the respondents shall be at liberty at least to ascertain as to whether the petitioner is similarly situated as Shri Nanak Chand or not. Mr. A.K. Gupta, learned Counsel submits that petitioner has no objections qua that.

Accordingly, this petition is disposed of in terms of the observations made by the learned Tribunal in para 5 and 6 of order dated 09.05.2019, passed in OA(M) No. 375 of 2017. In other words, the order which has been passed by learned Tribunal and relevant paras of which have been quoted hereinabove by this Court, be treated as directions issued by this Court in this case, however, subject to the verification by the employer that the petitioner is similarly situated as Nanak Chand. Let necessary decision in this regard be taken by respondent No. 3 within a period of four weeks from the date of production of a certified copy of this order by the petitioner, after affording an opportunity of being heard to the petitioner in person.

The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.