Rangil Kumar And Others vs State Of H.P. And Others

Jyotsna Rewal Dua, J

Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

The writ petition has been filed for the grant of following substantive reliefs:-

“i) That an appropriate writ, order or directions may kindly be issued, thereby directing the respondents to treat the petitioners who are initially appointed under para teacher policy, as regularly appointed teachers from the date of their initial appointment keeping in view the fact that their qualifications, mode of recruitment, responsibilities, fundamental duties remained the same as they were appointed against the sanctioned posts through proper selection process.

ii) That an appropriate writ, order or directions may kindly be issued, thereby directing the respondents to count the para services rendered by the petitioners for all purposes including the purposes of annual increments, leave encashment, career progression scheme and for the purposes of seniority and they may kindly be released all the consequential benefits after counting of their contract service from the date of their initial appointment by granting the arrears along with interest @ 9% p.a. in the interest of justice and fair play.”

Learned counsel for the petitioners submitted that the issue raised by the petitioners in this writ petition has already been adjudicated upon by this Court in CWP No.8953/2013 (Joga Singh and others Versus State of Himachal Pradesh and others), decided alongwith connected matters on 15.6.2015, CWPOA No.5187 of 2020 (Sunil Dutt & others Versus State of Himachal Pradesh & others), decided alongwith connected matters on 29.08.2023 & CWPOA No.3477 of 2020 (Smt. Prabha Kanwar through her legal heirs Versus State of H.P. & others), decided on 08.11.2023 and the decisions rendered by the Hon’ble Apex Court in SLP(C) No.10399 of 2020 (State of Himachal Pradesh & another Versus Sheela Devi), decided on 07.08.2023 & SLP(C) Nos.8012-8013 of 2021 (State of Himachal Pradesh Versus Jagdish Chand), decided on 07.08.2023. Learned counsel further submitted that the petitioners would be content in case a direction is issued to the respondents/competent authority to consider and decide their respective cases for redressal of their grievances raised in the writ petition in light of the aforesaid judgments within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer.

Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of by directing the respondents/ competent authority to consider and decide the respective cases of the petitioners for redressal of their grievances raised in the writ petition, in accordance with law and taking into consideration the above judgments within a period of eight weeks from today. The decision so arrived at shall also be communicated to the petitioners.

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