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Himachal Pradesh High Court

Neelima Aggarwal W/O Shri Vinit ... vs State Of Himachal Pradesh Through on 19 April, 2022

Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia

          IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                     ON THE 19th DAY OF APRIL, 2022
                                BEFORE

          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE




                                                          .
                                  &





          HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
                CIVIL WRIT PETITION NO.7936 OF 2021
           Between:-





    1.     NEELIMA AGGARWAL W/O SHRI VINIT AGGARWAL,
           RESIDENT OF MAIN BAZAR, SARAHAN, VPO SARAHAN,
           TEHSIL PACHHAD, DISTRICT SIRMOUR, H.P.





    2.     MEENA KUMARI AGED 47 YEARS W/O SHRI ALOK
           CHAUHAN, RESIDENT OF H. NO.310/7, WARD NO.7,
           GUNNU GHAT, NAHAN, DISTRICT SIRMOUR, H.P.

    3.     PRITKA PARMAR, AGED 46 YEARS, D/O LATE SHRI J.S.

           PARMAR, RESIDENT OF DR Y.S.P.M COLLEGE AND
           HOSPITAL COLONY NEAR MEDICAL COLLEGE NAHAN,

           DISTRICT SIRMOUR, H.P.

    4.     NAJRO DEVI AGED 48 YEARS, W/O SH. RAJENDER SINGH,
           RESIDENT OF DR Y.S.P.M. COLLEGE AND HOSPITAL
           COLONY NEAR MEDICAL COLLEGE NAHAN, DISTRICT


           SIRMOUR, H.P.

    5.     SHAHIDA    TABBUSUM   AGED  47   YEARS   W/O
           GULSHANAWER AHMED, RESIDENT OF H.P. NO.413/01,




           OPP. D.A.V. SCHOOL PUCCA TANK, NAHAN, DISTRICT
           SIRMOUR, H.P.





    6.     USHA SHARMA AGED 49 YEARS, W/O SHRI RAVI SHARMA
           RESIDENT OF VILLAGE AND POST OFFICE NIRMAND,
           TEHSIL NIRMAND, DISTRICT KUILU, H.P.





    7.     SHANTA DEVI AGED 49 YEARS, W/O SH. SUNIL DUTT,
           RESIDENT OF VILLAGE AND POST OFFICE KAMRU, TEHSIL
           SANGLA, DISTRICT KINNAUR, H.P.

    8.     SANTOSH KUMARI AGED 48 YEARS, W/O SHRI RAMESH
           CHAND, VILLAGE AND POST OFFICE SUNGRA, TEHSIL
           NICHAR, DISTRICT KINNAUR, H.P.

    9.     VINAY DEVI AGED 49 YEARS, W/O SHRI AMAR SINGH,
           RESIDENT OF VILLAGE BRALINGI, POST OFFICE KOTHI,
           TEHSIL KALPA, DISTRICT KINNAUR, H.P.

    10.    VANDANA SHARMA AGED 47 YEARS, W/O SHRI
           BALBHADRA  SHARMA RESIDENT OF  VILLAGE




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                 THANIKPURA, POST OFFICE BHARWIN, TEHSIL BHARWIN,
                 DISTRICT UNA, H.P.

    11.          ROSHNI DEVI AGE 48 YEARS, W/O SH. SHIV RAJ, R/O
                 BLOCK B-9, 201, HILL VIEW APARTMENT JHARMAJARI




                                                                                                       .
                 BROTIWALA, TEHSIL BADDI, DISTRICT SOLAN, H.P.





                                                                                                ...PETITIONERS

                 (BY MR. NIMISH GUPTA, ADVOCATE)





                 AND

                 1.           STATE OF HIMACHAL PRADESH THROUGH
                              PRINCIPAL SECRETARY (HEALTH) GOVT. OF
                              HIMACHAL PRADESH, SHIMLA.





                 2.           DIRECTOR OF HEALTH SERVICES,                                            GOVT.       OF
                              HIMACHAL PRADESH, SHIMLA.

                                                                                                ...RESPONDENTS

                 (BY MR. AJAY VAIDYA, SR. ADDL. AG.)

                 1
                   WHETHER APPROVED FOR REPORTING?                                            No.

                  This petition coming on for orders this day, Hon'ble Mr. Justice
    Tarlok Singh Chauhan, passed the following :


                                                                  ORDER

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

i. That the respondent department may kindly be directed to treat the petitioners as regularly appointed staff nurses from the date they were initially appointed on said posts on contract basis i.e. year 2003, with all consequential benefits.

ii. That the respondent department may kindly be directed to consider the case of the petitioners for the grant of pensionary benefits by taking the initial appointment of the petitioners as Staff Nurses on regular basis as on 20.10.2003.

2. Learned counsel for the petitioners states that the issue in question is squarely covered by the judgment rendered by the 1 Whether reporters of Local Papers may be allowed to see the judgment ? Yes.

erstwhile Tribunal in T.A No.4478 of 2015 (CWP No.3748 of 2010). This is a matter which is required to be considered by the respondents.

3. Therefore, without going into the merits of the case, we .

deem it proper to dispose of the instant petition by directing the respondents to consider and decide the case of the petitioners in light of the judgment referred to above within a period of eight weeks from today and in case the claims of the petitioners are found to be covered by the said judgment, then same and similar benefits, alongwith consequential benefits, if any, shall be extended to the petitioners also. Ordered accordingly. Pending application(s), if any, also stands disposed of.

For compliance, list on 28th June, 2022.

( Tarlok Singh Chauhan) Judge ( Chander Bhusan Barowalia ) Judge 19th April, 2022 (CS) ::: Downloaded on - 20/04/2022 20:05:23 :::CIS