Mohit Walia & Another vs State Of Himachal Pradesh And Others

L. Narayana Swamy, CJ

The present writ petition has been preferred with the following prayer(s):-

i) That a Writ in the nature of mandamus may kindly be issued against the respondent department to regularize the services of the petitioner on the completion of three years along with similarly situated persons by counting the services of the petitioners from 17.9.2017 to 29.9.2018 notionally as being done vide regularization order dated 5.10.2020 in the interest of justice and fair play.

ii) That a writ in the nature of certiorari may kindly be issued against the respondent department and regularization order dated 5th October, 2020 be modified and names of the petitioners be included in the regularization order dated 5th October, 2020.

iii) That financial benefits payable from the date of regularization may kindly be ordered to be paid along with interest from the date of accrual till the date of realization in the interest of justice and fair play."

Learned counsel for the petitioners, submits that the case of the petitioners for regularization of their services is squarely covered by the judgment dated 30.07.2018 delivered by the erstwhile H.P. Administrative Tribunal, passed in O.A. No.4836 of 2016, titled Vinod Kumar Sharma and others versus State of Himachal Pradesh and others alongwith connected matters, whereby the services of similarly situated persons have been regularized by the respondents.

It is seen that the petitioners without making any representation(s) to the respondents with regard to their respective claim have straight away approached this Court.

In view of the above submissions and the prayer made in the present writ petition, we deem it proper to dispose of the present writ petition with a direction to the petitioners to make detailed representations before the respondent-competent authority, highlighting the aforesaid judgment rendered by the erstwhile H.P. Administrative Tribunal, within a period of two weeks from today. On making such representations by the petitioners, the respondent-competent authority is directed to examine their respective claim whether similar benefit has been granted to the similar situated persons to that of the petitioners and take a conscious decision in the matter in light of the aforesaid judgment of erstwhile Tribunal and in accordance with law, within one month thereafter.

Pending miscellaneous application(s), if any, shall also stand disposed of.