Neelam Kumari & Anr vs State Of H.P. & Ors

Jyotsna Rewal Dua, J

Notice. Mr. R.S.Verma, learned Additional Advocate general, accepts service of notice on behalf of the respondents.

With the consent of learned counsel for the parties, the matter is heard at this stage.

This petition has been filed for grant of following reliefs:-

“(a) That the respondents may kindly be directed to count the service rendered by the petitioners on contract basis prior to their regularization as qualifying service for purpose of pensionary benefits under the Central Civil Services (Pension) Rules, 1972 and for annual increments from initial date of appointment on contract basis.

(b) That case of petitioners may kindly be considered in view of judgment rendered by this Hon’ble Court in CWPOA No. 2075/2020 and connected matters titled as Santosh Kumari and other versus State of H.P. (Annexure P-5).”

Learned counsel for the petitioners submitted that the case of the petitioners is squarely covered by the decisions dated 07.08.2023 of the Hon’ble Apex Court, rendered in SLP (Civil) No. 10399/2020 (State of Himachal Pradesh & Anr. Vs. Sheela Devi), dated 10.01.2020, rendered in CWP No.2411 of 2019 (Jagdish Chand Vs. State of Himachal Pradesh and others) and dated 22.10.2023, rendered in CWPOA No.2075 of 2020 ( Santosh Kumar Vs. State of Himachal Pradesh and another and connected matter) Learned counsel for the petitioners states that the petitioners would be content if the cases of the petitioners are considered by the respondents/competent authority in light of the aforesaid judgments. Learned Additional Advocate General is not averse to this prayer.

Having regard to above submissions and without going into the merits of the case, this petition is disposed of by directing the respondents/competent authority to consider the cases of the petitioners in light of the aforesaid judgment and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of copy of this order. The decision so arrived at, shall also be communicated to the petitioners.

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