Manohar Singh Thakur And Others vs State Of Himachal Pradesh And Another

Tarlok Singh Chauhan, J

The instant petition has been filed for grant of the following substantive relief(s):

“i) That the petitioners may kindly be granted regular salary with updated pay scale instead of stipend for their initial period of training with all consequential benefits.

ii) That the length of service of the petitioners may kindly be counted from the date of their initial appointment and not from the date of completion of training.

iii) That the period of training of the petitioners may kindly be counted for the purpose of pensioner benefits and the salary for the training period may also be paid according to their pay scale.”

Despite sufficient opportunity, no reply has been filed on behalf of the respondents and as such, Court has no option but to decide the case at hand, on the basis of pleadings available on record.

Before the case at hand could be decided on its own merit, learned counsel for the petitioners states that case of petitioners is fully covered by judgment rendered by learned Single Judge of this Court in Mandeep Kumar and others vs. State of H.P. and others, CWP(T) No. 2145 of 2008 and connected matters decided on 21.2.2011 (Annexure P- 2). He also states that the issue raised in the instant petition has been decided by Division Bench of this Court vide judgment dated 30.10.2020 passed in LPA No. 480 of 2011 titled State of H.P. and others v. Mandeep Kumar and connected matters (Annexure P-3). Learned Counsel appearing for the petitioners states that the petitioners would be content and satisfied in case necessary directions are issued to the respondents to consider and decide the case of the petitioners in light of the judgments (supra), in a time bound manner.

Learned Additional Advocate General is not averse to the aforesaid innocuous prayer made on behalf of the petitioners.

Consequently, the present petition is disposed of with a direction to the respondents to consider and decide the case of the petitioners in light of judgments supra, expeditiously positively within a period of six weeks from today. Needless to say authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioners and pass a speaking order thereafter. Liberty is reserved to the petitioners to file appropriate proceedings, before appropriate forum, if they still remain aggrieved.

Petition stands disposed of in the aforesaid terms. Pending miscellaneous application(s), if any, shall also stand disposed of.