Lekh Raj vs State Of H.P And Others

Tarlok Singh Chauhan, J

The instant petition has been filed for grant of the following substantive reliefs:-

“A) That the respondents may kindly be directed to regularize the services of the Petitioner immediately after completion of eight years continuous service on daily wage basis i.e., on and w.e.f 01.04.1999 in terms of regularization policy framed by the Respondent state with all consequential benefits and further the Respondents be directed to allot GPF Number and further to grant Pension under Old Pension Scheme.

B. That the respondent may kindly be directed to re-fix the pay of the Petitioner w.e.f 01.04.1999 after regularization of his service i.e., immediately after completion of eight years' continuous service on daily wage basis and to pay arrears thereof along with interest @12% per annum with further directions to the respondents to re-fix the seniority of the petitioner accordingly.”

According to the learned counsel for the petitioner, the case of the petitioner is squarely covered by the judgment rendered by this Court in LPA No. 165 of 2021, in case titled as State of H.P and others vs. Surajmani and another, decided on 12th January, 2023. This is a matter, which is required to be considered by the respondent.

Accordingly, without going into the merits of the case, we deem it appropriate to dispose of the instant petition by directing the respondents to consider and decide the case of the petitioner in light of the aforesaid judgment and in case the claim of the petitioner is found to be covered by the said judgment, then same and similar benefits, as granted in Surajmani’s case (supra) be also granted in favour of the petitioner within a period of six weeks from today. Ordered accordingly.

Pending application(s), if any also stands disposed of.

For compliance, to come up on 16.05.2023.