Himachal Pradesh High Court
Baru Ram vs State Of H.P. & Ors on 25 August, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5805/2023 Decided on: 25.08.2023 .
Baru Ram ....Petitioner
Versus
State of H.P. & Ors. ......Respondents
.............................................................................................
of Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners rt : Mr. A.K. Gupta, Advocate.
For the respondents : Mr. Anup Rattan, Advocate General with Mr. Varun Chandel, Additional Advocate General, for respondents No.1 and 2.
Jyotsna Rewal Dua, J Notice. Varun Chandel, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 and 2.
2. On the oral request made by learned counsel for the petitioner, name of respondent No.3 is deleted from the array of parties. Registry to carry out necessary corrections.
3. This writ petition has been filed for the grant of following substantive relief:-
1Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 25/08/2023 20:34:29 :::CIS 2
" That the respondents may be ordered to treat entire service of the petitioner as regular from the date of his initial appointment, on contract basis w.e.f. 29.02.2008 with all benefits incidental thereof .
such as arrears of pay etc. and his pay may be fixed accordingly and the petitioner may be allotted seniority from the date he was appointed on contract basis."
4. Learned counsel for the petitioner submitted that petitioner's case in the instant petition and the prayer made by him are of squarely covered by the judgment rendered on 19.12.2022 in CWP No.5090/2022 (Umesh Jaswal Vs. State of Himachal Pradesh & rt Others). It has also been submitted that the directions issued in aforesaid judgment have also been implemented and that the judgment has attained finality. Learned counsel for the petitioner further submitted that the petitioner would be content in case direction is issued to respondent No.2/competent authority to consider the case of the petitioner in light of the aforesaid decision within a time bound schedule. Learned Additional Advocate General is not averse to this prayer.
In view of above submissions, but without examining the merits of the matter, this petition is disposed of by directing respondent No.2/competent authority to consider the case of the petitioner in light of the aforesaid judgment and to pass appropriate order in accordance with law within a period of six weeks from today. Copy of the order be also communicated to the petitioner.
::: Downloaded on - 25/08/2023 20:34:29 :::CIS 3The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
.
Jyotsna Rewal Dua Judge 25th August 2023 (Rohit) of rt ::: Downloaded on - 25/08/2023 20:34:29 :::CIS