Rakesh Kumar vs Himachal Road Transport Corporation

Ajay Mohan Goel, J

On the last date of hearing, the following order was passed by this Court:

"The case of the petitioner is that he has been appointed by the respondent/Corporation on compassionate basis under the kith and kin policy of the respondent/ Corporation on account of death of his father, who was an employee of the respondent/Corporation and died in harness. His grievance is that his appointment was initially made on contract basis. Though his services were regularized subsequently, however, his services are required to be regularized from the date of his initial appointment on contract basis, in view of the judgment of Hon'ble Supreme Court of India passed in Civil Appeal No. 1557 of 2019, titled as Himachal Road Transport Corporation Vs. Lekh Ram Etc. Etc. and other connected matters. A perusal of the abovesaid judgment of the Hon'ble Supreme Court, copy of which stands appended with the petition, demonstrates that prima-facie there is merit in the contention of the petitioner. Accordingly, before any further order is passed in the case, learned counsel for the respondent is directed to have appropriate instructions in this regard.

List on 5.11.2020."

Today, during the course of arguments, learned Counsel for the respondent could not dispute that the petitioner indeed is entitled to the reliefs in terms of judgment of Hon'ble Supreme Court passed in Civil Appeal No. 1557 of 2019, titled as Himachal Road Transport Corporation vs. Lekh Ram and other connected matters.

Accordingly, this writ petition is disposed of with the direction to the respondent that the services of the petitioner be regularized as from the date of his initial appointment, with all consequential benefits, strictly as per the judgment of Hon'ble Supreme Court referred to above.

The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.