Himachal Pradesh High Court
Reena Bala vs State Of Himachal Pradesh & Another on 21 December, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
CWP No. 3888 of 2022
Decided on: 21.12.2022
Reena Bala ....Petitioner.
Versus
State of Himachal Pradesh & another .... Respondents.
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the petitioner : Ms. Sharmila Patial, Advocate.
For the Respondents : Mr. Ajay Vaidya, Senior Additional
Advocate General.
Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has prayed for the following relief: "a. That the respondent department may be directed to treat the petitioner as regularly appointed Staff Nurse/regularize her as Staff Nurse from the date she was initially appointed on said post on contract basis in the year 2006, with all consequential benefits."
2. The case of the petitioner is that she was appointed as staff nurse, on the basis of her name having been sponsored by the requisite Employment Exchange. However, her appointment was made on contract basis rather than regular basis.
1Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 23/12/2022 20:32:23 :::CIS 23. Learned counsel for the petitioner has submitted that the persons similarly situated as the petitioner had filed a matter .
before this Court which was subsequently transferred to erstwhile learned Himachal Pradesh Administrative Tribunal, and disposed of in terms of the order passed by learned Tribunal, dated 11.01.2018, in T.A. No.4478 of 2015, titled Parvati Sharma and others Versus State of Himachal Pradesh and another, wherein the respondent/State was directed to consider the regularization of the petitioner from the date she was appointed on contract basis notionally and the State was further directed that actual financial benefits shall be from the date of order of regularization. Learned counsel for the petitioner further submitted that the writ petition which was filed by the State against the order passed by learned Tribunal was dismissed by this Court on the ground of delays and latches, i.e. CWP No.5764 of 2020, titled State of H.P. & Anr.
Versus Parwati Sharma & Ors., decided on 06.01.2021 and the Special Leave Petition preferred by the State against the judgment passed by this Court was dismissed by Hon'ble Supreme Court. In this background, learned counsel for the petitioner submits that interest of justice will be served in case this writ petition is disposed of in terms of the directions which were passed by learned Tribunal in the case of similarly situated persons, which has attained finality.
::: Downloaded on - 23/12/2022 20:32:23 :::CIS 34. Learned Senior Additional Advocate General could not deny the factum of the relief having been granted in favour of the .
persons similarly situated as the petitioner in T.A. No.4478 of 2015, which has attained finality.
5. Accordingly, this writ petition is disposed of with the direction that the case of the petitioner is covered by the order passed by learned Tribunal in T.A. No.4478 of 2015, accordingly, the respondentDepartment shall regularize the services of the petitioner as from the date she was appointed on contract basis. It is made clear that the benefits shall be notional as from the date of her regularization upto the date of passing of this order by the Court today and from today onwards, actual benefits shall stand accrued upon the petitioner.
6. Pending miscellaneous applications, if any, stand disposed of.
(Ajay Mohan Goel) Judge December 21, 2022 (Rishi) ::: Downloaded on - 23/12/2022 20:32:23 :::CIS