Maheshwari Rawat vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:

"A. That the writ in the nature of mandamus or any other appropriate writ of direction may kindly be directed to extend the benefits of the PTA to Grant In Aid Rules, 2006 to the petitioners w.e.f. the date of her initial employment i.e., w.e.f. 22.07.2010 to 28.02.2014 and w.e.f. 26.08.2019 to till date.

B. That the instant writ petition may kindly be allowed and the respondents may kindly be directed to extend the benefit of Grant­in­Aid in favour of the present petitioner at par with the similarly situated persons with all consequential benefits and take a decision in the light of the judgment passed by Hon'ble Court in Sangeeta Devi and Ors. Vs. State of Himachal Pradesh and Ors. Bearing CWP No. 2218/2018 (Annexure P­6) and release the Grant­in­ Aid from the date of her initial date of appointment and the arrear may be ordered to be released alongwith interest @ 12% p.a.

C. That the respondents may be further directed to continue the grants­in­aid in future also.

D. That the writ in the nature of mandamus or any other appropriate writ of direction may kindly be issued directing the respondents to regularize the period of fictional breaks and the same be counted for the purpose of consequential benefits, i.e., for bringing the services of the petitioner on contract basis, seniority etc.

During the course of arguments, learned Additional Advocate General has pointed out that in view of the judgment dated 11th March, 2019, passed by the Hon'ble Division Bench of this Court in CWP No. 2218 of 2018, titled as Sangeeta Devi and others Vs. State of H.P. and others, the case of the petitioner shall be considered and in case she is found to be similarly situated as the petitioners in CWP No. 2218 of 2018 (supra), then, but obvious, necessary orders shall be passed by the authority concerned.

Learned counsel for the petitioner states that in view of the statement so made by learned Additional Advocate General, this petition can be disposed of by directing the State to do the needful within a time bound manner.

Having heard learned counsel for the parties and taking into consideration the statement which has been so made by learned Additional Advocate General, this petition is disposed of by directing the authorities concerned to take a decision in the matter of the petitioner on or before 31st August, 2020 in the light of the judgment dated 11th March, 2019, which has been passed by the Hon'ble Division Bench of this Court in Sangeeta Devi & Others (supra). Miscellaneous applications, if any, also stand disposed of.