Himachal Pradesh High Court
Smt. Mudita Bhardwaj vs State Of H.P. With All Consequential on 18 July, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 18th DAY OF JULY, 2022
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
.
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION NO. 4773 OF 2022
Between:
1. SMT. MUDITA BHARDWAJ, W/O
SH. LEKH RAJ BHARDWAJ,
RIDVITI COTTAGE, NEAR SUKHI
BAWARI KAMALANAGAR,
SANJAULI DISTRICT SHIMLA, H.P.
AGED ABOUT 46 YEARS,
PRESENTLY POSTED AS
LECTURER (PSYCHOLOGY) GOVT.
BOYS SR. SECONDARY SCHOOL
SANJAULI, DISTRICT SHIMLA,
H.P.
2. SH. KUSHAL CHAND, S/O SH.
MEHAR CHAND, R/O VILLAGE
BADHAL, DISTRICT SHIMLA, H.P.
AGED ABOUT 54 YEARS,
PRESENTLY POSTED AS
LECTURER (COMMERCE) AT
GOVERNMENT BOYS SR. SEC.
SCHOOL JUBBAL, DISTRICT
SHIMLA, H.P.
3. SH. KIRTI SINGH SISODIA, S/O
SH. YASHPAL SISODIA, R/O
VILLAGE BHARANOO, P.O.
BHARANOO, TEHSIL NERWA,
DISTRICT SHIMLA, H.P. AGED
ABOUT 50 YEARS, PRESENTLY
POSTED AS LECTURER (HISTORY)
AT GOVERNMENT SR. SEC.
SCHOOL THAROCH, DISTRICT
SHIMLA, H.P.
......PETITIONERS
(BY MR. MUKUL SOOD, ADVOCATE)
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2
AND
1. STATE OF H.P. THROUGH
.
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF H.P. SHIMLA
171002.
2. THE DIRECTOR OF HIGHER
EDUCATION TO THE GOVT. OF
HIMACHAL PRADESH, SHIMLA1.
.....RESPONDENTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL WITH MR.
VINOD THAKUR, MR. SHIV PAL
MANHANS, ADDITIONAL
ADVOCATES
GENERAL, MR.
YUDHVIR SINGH THAKUR AND
MR. BHUPINDER THAKUR,
DEPUTY ADVOCATES GENERAL
AND MR. RAJAT CHAUHAN, LAW
OFFICER)
This petition coming on for admission before notice
this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed
the following:
ORDER
Issue notice. Mr. Shiv Pal Manhans, learned Additional Advocate General, appears and waives service of notice on behalf of the respondentsState.
2. The instant petition has been filed for grant of the following substantive reliefs: "(a) Writ in nature of mandamus may be issued directing the respondent to regularize the services of the petitioners immediately on completion of 8 years' service on contract basis along with all consequential benefits, including arrears of pay along with interest @ 12% per annum.
::: Downloaded on - 18/07/2022 20:03:03 :::CIS 3(b) Writ in the nature of mandamus further directing the respondent to extend the same & similar benefits to the petitioners on completion of eight years of service, as has been granted to petitioner in CWP No. 1853/2009 titled as .
Arpana Bali Versus State of H.P. with all consequential benefits, including subsequent revisions with 12% interest on the accrued amount along with entire arrears.
(c) That petitioner may also be granted same and similar treatment which has been given to similar situated teacher by respondent No. 2, vide its order dated 28112019 or in alternate the benefits of order dated 28112019 may also be extended to petitioners, with all consequential benefits"
3. Learned counsel for the petitioners states that the issue in question is squarely covered by the judgment of this Court rendered in CWP No.1853 of 2009 titled as Arpana Bali vs. The State of Himachal Pradesh and others, decided on 10.4.2013. This is a matter which is required to be seen and gone into by the employer/respondents.
4. Therefore, in the facts and circumstances of the case, we dispose of this writ petition directing the respondents to consider and decide the case of the petitioners in light of the aforesaid decision and in case it is found to be covered by the said judgment, then the same and similar benefits as extended to the petitioner in CWP No.1853 of 2009, be also extended to the petitioners. This entire exercise shall be completed within three months. Pending application(s), if any, also stands disposed of.
::: Downloaded on - 18/07/2022 20:03:03 :::CIS 4For compliance to come up on 18.10.2022.
(Tarlok Singh Chauhan) .
Judge (Chander Bhusan Barowalia) Judge 18th July, 2022 (raman) r to ::: Downloaded on - 18/07/2022 20:03:03 :::CIS