Madan Mohan Gupta vs State of H.P. and Another

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

I. That the writ in the nature of mandamus may be issued directing the Respondents to count the tenure service of the Petitioner for the purpose of increments and seniority in the interest of justice.

II. That further writ in the nature of mandamus may be issued directing the Respondents to grant the Petitioner necessary increment after counting his period of tenure service w.e.f. 1.5.1987 up till his date of regularization i.e. 22.4.1988 with all consequential benefits of pay, arrears, seniority and pension etc.

The Petitioner claims the benefit of regularization during the tenure period of service rendered by him and also the consequential benefits. According to the Petitioner, the issue is covered in his 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 Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. Petitioner submits that he 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 him 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.