Jeet Ram vs State Of H.P. & Anr on 1 September, 2023

[Cites 3, Cited by 0]

Himachal Pradesh High Court

Jeet Ram vs State Of H.P. & Anr on 1 September, 2023

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3875/2023 Decided on: 01.09.2023 .

    Jeet Ram                                 ....Petitioner





                                           Versus





    State of H.P. & Anr.                                             ......Respondents

.............................................................................................

of Coram Ms. Justice Jyotsna Rewal Dua, Judge.

rt Whether approved for reporting?1 For the petitioner : Mr. Sanjeev Bhushan Sr. Advocate with Mr. Sohail Khan, Advocate.

For the respondents : Mr. Anup Rattan, Advocate General with Mr. Rupinder Singh, Additional Advocate General.

Jyotsna Rewal Dua, J This writ petition has been filed for the grant of following substantive reliefs:-

"(i) to direct the respondents to count the contract services rendered by the petitioner as Lecturer, History on and with effect from 17.01.2004 towards qualifying service for the purposes of pension under CCS (Pension) Rules, 1972 as well as for annual increments with all consequential benefits along with arrears and interest 9% p.a. in the interest of law and justice.

(ii) Since the petitioner had served continuously for a period of 19 years and his contract service on and w.e.f. 17.01.2004 has been followed by regularization on and w.e.f. 18.12.2014, therefore, respondents may kindly be directed to grant annual increments to 1 Whether reporters of the local papers may be allowed to see the judgment?

::: Downloaded on - 02/09/2023 20:34:21 :::CIS 2

the petitioner w.e.f. 17.1.2004 with further directions to count the said service for the purpose of pension under CCS (Pension) Ruls, 1972 alongwith all consequential benefits of pay, arrears, seniority etc. .

etc."

2. Learned counsel for the petitioner submitted that the case of the petitioner and relief prayed for by him are covered by the decisions dated 07.08.2023 of the Hon'ble Apex Court, rendered in of SLP (Civil) No. 10399/2020 & SLP(C) No.8012-8013/2021 (State of Himachal Pradesh & Anr. Vs. Sheela Devi), dated 15.06.2015 rt rendered in CWP No.8953/2013 (Joga Singh & Others Vs. State of Himachal Pradesh & Others) and dated 19.04.2023 rendered in CWP No.3841/2022 (Dr. Umesh Kumar vs. State of Himachal Pradesh & Another). Learned counsel for the petitioner states that the petitioner would be content if the case of the petitioner is considered by the respondent No.2 in light of the aforesaid judgments. Learned Additional Advocate General is not averse to this prayer.

3. Having regard to above submissions and without going into the merits of the case, this petition is disposed of by directing the respondent No.2 to consider the case of the petitioner in light of the aforesaid judgments and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of copy of this order. The decision so arrived at, shall also be communicated to the petitioner.

::: Downloaded on - 02/09/2023 20:34:21 :::CIS 3

Pending miscellaneous application(s), if any, also to stand disposed of.

Jyotsna Rewal Dua Judge 1st September, 2023 (Rohit) of rt ::: Downloaded on - 02/09/2023 20:34:21 :::CIS

Unlock Advanced Research with PRISMAI

Himachal Pradesh High Court