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Sagar Dutt Sharma vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 27 May 2024 · Citation: (2024) 05 SHI CK 0129

HON’BLE JUDGES
Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 4661 Of 2024
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Judgment

7 paragraphs · 362 words

Jyotsna Rewal Dua , J

1.

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

2.

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

“Issue an appropriate writ, order or direction to the respondent department to count the service of the petitioner rendered in contract basis for the purpose of pension under CCS (Pension) Rules 1972 as well as for grant of annual increment, on the basis of the judgment passed by the Hon’ble High Court in CWP No.2411/2019 alongwith connected matter, titled as Jagdish Chand vs. State of Himachal Pradesh & Ors., alongwith connected matters (Annexure P-1) and judgment passed by Hon’ble Apex Court in case titled as State of H.P. & Anr. Vs. Sheela Devi and other connected matter (Annexure P-3) from the date of initial appointment on contract basis in the interest of justice.”

3.

Learned counsel for the petitioner submitted that the issue raised by the petitioner in this writ petition has already been adjudicated 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 petitioner would be content in case a direction is issued to the respondents/competent authority to consider and decide the case for redressal of his grievance 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.

4.

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 case of the petitioner for redressal of his grievance 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.