Himachal Pradesh High Court
Parveen Kumar vs State Of H.P. And Others on 13 October, 2015
Bench: Mansoor Ahmad Mir, Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2449 of 2015
Decided on: 13.10.2015.
.
Parveen Kumar ..........Petitioner.
versus
State of H.P. and others ...........Respondents.
___________________________________________________________________
of
Coram
The Hon'ble Mr.Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr.Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?
rt
For the Petitioner: Mr.Ajay Sharma, Advocate.
For the respondents: Mr.Romesh Verma, Mr.Anup Rattan
and Mr.M.A. Khan, Addl.A.Gs., for
respondent No.1.
Mr.Ajay Mohan Goel, Advocate, for
respondent No.2.
Mr.B.N. Sharma, Advocate, for
respondent No.3.
Mr.C.N. Singh, Ms.Archana Dutta,
Mr.Adarsh Sharma, Mr.Amit Jamwal
and Mr.K.S. Thakur, Advocates, for
the private respondents.
Mr.V.D. Khidta, Advocate, for
applicants in CMP No.6613 of 2015.
Mr.Ram Kumar Gautam, Executive
Director of respondent No.2, present
in person.
________________________________________________________
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Mansoor Ahmad Mir, C.J.(oral)
.
CMPs No.6613, 7199, 9590 and 9915 of 2015:
The applications are allowed by providing that the applicants are allowed to act as interveners. The applications are disposed of accordingly.
of CWP No.2449 of 2015:
2. On the last date of hearing, Mr.Ajay Mohan Goel, rt learned counsel for respondent No.2, was asked to seek instructions. Today, Mr.Goel, filed across the Board the instructions received by him from the Executive Director of respondent No.2, who is also present in person in the Court, which are reproduced below:
"No person shall be entitled for appointment on the basis of undergoing Passenger Service Skill Development Programme alone and shall have to pass the Recruitment process for appointment to the post on regular and contract basis AT PAR WITH ALL OTHER ELIGIBLE CANDIDATES as and when recruitment process is undertaken by HRTC. The training shall not confer any status upon Trainees of being employees of HRTC in any manner. Their status during the period of training shall be that of Trainee only, which shall sever as soon as training is complete.::: Downloaded on - 15/04/2017 19:11:28 :::HCHP
...3...
Skill Development Allowance contemplated in the .
Scheme under Clause 9 is as per "The Himachal Pradesh Payment of Skill Development Allowance to Educated Unemployed Persons Scheme, 2013"
which is payable by following procedure prescribed in Clause 6 of the Policy.
Trainee shall be given Rs.15 per House (maximum of 120 per day for 8 hours) by HRTC when actually performs work as envisaged in Clause 9 of Scheme. This amount shall not be paid by Society. rt It is now proposed that training period shall be 2-1/2 months and not 4-1/2 months."
3. The petitioners have not questioned the Himachal Pradesh Payment of Skill Development Allowance to Educated Unemployed Persons Scheme, 2013 in terms of which the remuneration is to be paid to the trainees in question. Thus, we leave this question open with liberty to the affected person(s) to seek appropriate remedy including filing of writ petition also.
4. At this stage, Mr.Ajay Sharma, learned counsel for the petitioner, stated that the number of trainees selected by the respondents to undergo the training exceeds the number of vacancies advertised by the respondents. In the facts of the case, we leave this question also open, with liberty to the ::: Downloaded on - 15/04/2017 19:11:28 :::HCHP ...4...
petitioner or any other person(s) to seek appropriate remedy .
at appropriate stage.
5. In view of the above, the writ petition is disposed of by providing that the private respondents/trainees shall not claim any right, interest, equity or title during the training or of after the training, as stated by respondent No.2 in terms of paragraph 2, reproduced supra. Liberty is also reserved to the rt petitioner or any other person to seek appropriate remedy, as discussed in paragraphs 3 and 4 supra.
6. Pending CMPs, if any, also stand disposed of.
(Mansoor Ahmad Mir) Chief Justice.
October 13, 2015 (Tarlok Singh Chauhan)
(Tilak) Judge
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