Himachal Pradesh High Court
Prem Chand vs State Of H.P. & Ors on 24 March, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3876 of 2023 Date of decision: 24.03.2025 Prem Chand. ...Petitioner.
Versus State of H.P. & Ors. ...Respondents. Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioner : Mr. Ashwani K. Sharma, Advocate.
For the respondents : Mr. Rajat Chaudhary, Assistant Advocate General.
Jyotsna Rewal Dua, Judge With the consent of learned counsel for the parties, matter is heard at this stage.
2. This writ petition has been filed for the grant of following substantive reliefs:-
"i. That the entire recruitment process undertaken by the respondent authorities for the post of Surveyor, in the department of PWD in January, 1995 be declared illegal, void-ab-initio to the extent that petitioner was given appointment on contractual basis whereas, Recruitment and Promotional Rules existing at that relevant time strictly provides appointment on regular basis. ii. Writ of Mandamus be issued by directing the respondent authorities to consider the services of present petitioner on regular basis from the date of initial appointment i.e., January, 1995 as the existing R & P Rules of 1972 for the post of Surveyor existing at that time strictly provides appointment on regular basis and consequent thereto, release all benefits in favour of the petitioner. 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- iii. That appropriate Writ, order or direction may very kindly be issued by directing the respondents to govern the services of the petitioner under Central Civil Services pension rules, 1972 and grant him retiral benefits and pension strictly in terms of CCS ( Pension) Rules, 1972 with effect from date of Superannuation i.e., 31-3-2014 along with arrears.
iv. That the case of the present petitioner is squarely covered by the Judgments rendered by this Hon'ble Court in CWP No. 5400 of 2014 titled as Veena Devi Vs. HPSEBL. & Anr, dated 21-11-2014 & CWP No. 8953 of 2013 titled as Joga Singh & Ors. Vs. State of H.P. & Ors. decided on 15-6-2015, & in CWP No. 2384 of 2018 titled as State of H.P. & Ors Versus Shri. Matwar Singh and Anr., decided on 18-12-2018 and CWP NO. 3841 of 2022, decided on dated 19-4-2023 titled as Dr. Umesh Kumar Vs. State of H.P., wherein, this Hon'ble Court has held that the contract services followed by regular appointment was required to be counted for the purpose of pension. Further, respondent authorities be directed to consider the case of present petitioner in terms of aforesaid Judgments and being similarly circumstanced be decided in a time bound manner."
2. Learned counsel for the petitioner submitted that the case of the petitioner and the relief prayed for by him has already been considered & adjudicated upon by this Court in Dr. Umesh Kumar vs. State of Himachal Pradesh & Anr.1. Learned counsel further submits that the petitioner would be content in case the respondents are directed to examine his case in light of the aforesaid judgment within a fixed time schedule. Learned Assistant Advocate General is not averse to this prayer.
1 CWP No.3841 of 2022 decided on 19.04.2023. -3-
3. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/competent authority to consider and decide the case of the petitioner in accordance with law as well as taking into consideration the above judgment in the case of Umesh Kumar1 by passing an appropriate order, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua 24 March, 2025 th Judge (Pardeep)