Himachal Pradesh High Court
Mahinder Sharma vs State Of H.P. And Others on 16 March, 2015
Author: Mansoor Ahmad Mir
Bench: Mansoor Ahmad Mir
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.8291 of 2013
Decided on: March 16, 2015.
.
Mahinder Sharma ..........Petitioner.
versus
State of H.P. and others ...........Respondents.
___________________________________________________________________
Coram
The Hon'ble Mr.Justice Mansoor Ahmad Mir, Chief Justice.
Whether approved for reporting?
For the Petitioner: Mr.Sat Parkash, Proxy Counsel.
For the Respondents: Mr.Shrawan Dogra, Advocate General,
with Mr.Romesh Verma, Mr.Anup Rattan,
and Mr.M.A. Khan, Addl.A.Gs.
____________________________________________________________
Mansoor Ahmad Mir, C.J. (Oral)
It appears that the petitioner has made representations to the respondents for counting his previous service on the grounds taken in the representations, respondents have failed to consider the same, constraining the petitioner to file the present writ petition seeking the following main reliefs:
"(i) That the stand of the department as reflected in comments of respondent No.3 dated 1.8.2012, Annexure P-6, virtually treating the petitioner as fresh recruit in December, 1997 and any other order to that effect, if passed, may kindly be quashed and set aside;
(ii) That the respondent department may be directed to treat the petitioner in service with effect from 7.6.1994 by treating him in service from 20.9.1995 to December, 1997 when he was illegally kept out of service, with all consequential benefits, as a result of his reinstatement ::: Downloaded on - 15/04/2017 17:46:33 :::HCHP ...2...
pursuant to judgment of learned Tribunal dated 20.11.1997, .
Annexure P-3.
(iii) That the respondent department may be directed to regularize the petitioner as Book Binder with effect from 1.1.2003 on completion of 8 years service on 31.12.2002 by counting his service from 7.6.1994, with all consequential benefits."
2. Respondents have contested the writ petition and filed the reply.
3. In the facts of the case, I deem it proper to dispose of the writ petition by directing the respondents/competent Authority to examine the case of the petitioner in light of the judgment of the Administrative Tribunal, read with the Rules occupying the field, and make a decision within a period of six weeks from today.
4. Pending CMPs, if any, also stand disposed of.
Copy dasti.
16th March, 2015. (Mansoor Ahmad Mir) (TILAK) Chief Justice.
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