Himachal Pradesh High Court
Dr. Sukhinder Baidwan And Others vs . State Of H.P. & on 15 May, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
Dr. Sukhinder Baidwan and Others Vs. State of H.P. & .
Others a/w connected matters.
CWP No. 2080 of 2019 a/w CWP Nos. 38, 220, 530, 4944 of 2020, CWPOA No.6521 of 2020 CWP Nos. 6340, 6389, 7435, 7714 of 2021, 1922, 2181, 2620, 4499, 3900, 7522, 8028 & 8670 of 2022.
CWP No. 2080 of 2019 15.05.2023 Present: Mr. C.N. Singh, Advocate, for the petitioners.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., r for respondents-State.
Mr. Vikrant Thakur, Advocate, for respondent No.6.
Mr. Sunil Mohan Goel, Advocate, for respondent No.7.
Mr. Tara Singh Chauhan, Advocate, for respondent Nos. 8 to 17.
CWP No.38 of 2020Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rajesh Kumar, Advocate, for the petitioners.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
CWP No.220 of 2020Mr. C.N. Singh, Advocate, for the petitioner.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
Mr. Parav Sharma, Advocate, for respondent No.7.
CWP No.530 of 2020 ::: Downloaded on - 16/05/2023 20:33:17 :::CIS.
Mr. Parav Sharma, Advocate, Advocate, for the petitioner.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
CWP No. 4944 of 2020Mr. C.N. Singh, Advocate, for the petitioner.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
CWPOA No.6521 of 2020Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rajesh Kumar, Advocate, for the petitioner.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
Mr. Vikrant Thakur, Advocate, for respondent No.2.
CWP Nos.6340 & 6389 of 2021 Mr. C. N. Singh, Advocate, for the petitioner(s).
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
CWP No. 7435 of 2021Mr. C.N. Singh, Advocate, for the petitioner.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
Mr. Lovneeesh Kanwar, Senior Advocate ::: Downloaded on - 16/05/2023 20:33:17 :::CIS with Mr. Tek Chand, Advocate, for the .
newly added respondents.
CWP No. 7714 of 2021Mr. C.N. Singh, Advocate, for the petitioner.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
Mr. B.C. Negi, Senior Advocate with Mr. Bodh Raj Thakur, Advocates, for respondent No.5.
CWP No. 1922 of 2022Mr. C.N. Singh, Advocate, for the petitioner.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
CWP No.2181 of 2022Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rajesh Kumar, Advocate, for the petitioners.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
CWP No.2620 of 2022Mr. C.N. Singh, Advocate, for the petitioner.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
CWP No.3900 of 2022Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rajesh Kumar, Advocate, for the petitioner.
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. ::: Downloaded on - 16/05/2023 20:33:17 :::CIS Guleria and Ms Priyanka Chauhan, Dy. A.G., .
for respondents-State.
CWP Nos.4499, 7522, 8028 & 8670 of 2022 Mr. C. N. Singh, Advocate, for the petitioner(s).
Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. J. S. Guleria and Ms Priyanka Chauhan, Dy. A.G., for respondents-State.
On 09.03.2022 the Court passed the following order:-
"Even though the learned counsel for the parties pray for urgency on the ground that promotion is being claimed against the posts which are occupied by the contractual appointees and the matters were heard at some length, but, in the course of arguments, the judgment passed by a Division. Bench of this Court in CWP No. 4423 of 2020, titled as Aakash Srivastava versus State of H.P. & others, and six other connected writ petitions, was cited.
2. The issue that is involved in the present matter is the same which was examined and decided by the coordinate Bench of this Court in favour of the petitioners. The petitioners in those cases were also appointed on contract basis. The coordinate Bench in the aforesaid judgment directed their regularization keeping in view regularization policy of the State Government contained in various notifications/circulars.
3. The learned Senior Additional Advocate General has produced before the Court a copy of the order passed by the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary No. 18635 of 2021, titled Hanish Rana & ors. versus Aakash Srivastava & ors. alongwith other connected SLPs including those filed by the State Government. The Hon'ble Supreme Court in the aforesaid SLP has passed an order on 27th August, 2021, in the terms that there shall be stay to the extent of direction given by the High Court with regard to regularization.
4. Even though the learned counsels appearing for the private respondents sought to distinguish the aforesaid judgment by contending that the same pertains to tenure based Senior Residents and Junior Residents, but, considering that the petitioners in that case were also appointed on contract basis and the policy which has been relied upon is the same and the interpretation of the policy is the question which is being debated for and against by the learned counsels appearing on the either side, the propriety demands that this Court should await the outcome of the aforesaid SLP.::: Downloaded on - 16/05/2023 20:33:17 :::CIS
5. List on 12th April, 2022.
.
In view of the pendency of SLP(C) Diary No. 18635 of 2021 titled as Hanish Rana vs. Aakash Srivastava, we deem it appropriate to adjourn all these cases sine die, reserving liberty to the parties to make a request for revival of these petitions as and when required.
( Tarlok Singh Chauhan )
Acting Chief Justice
May 15, 2023 ( Virender Singh )
(naveen) Judge
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