Himachal Pradesh High Court
Akshay Sharma vs State Of Himachal Pradesh And Others on 6 November, 2020
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 4407 of 2019
Decided on: November 6, 2020
.
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Akshay Sharma ...........Petitioner
Versus
State of Himachal Pradesh and others ....Respondents
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Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1No.
For the Petitioner : Mr. Onkar Jairath, Advocate.
For the Respondents : Mr. Arvind Sharma, Additional
Advocate General with Mr. Kunal
r Thakur, Deputy Advocate General
and Mr. Sunny Dhatwalia,
Assistant Advocate General.
THROUGH VIDEO-CONFERENCING
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Sandeep Sharma, Judge (oral):
Being aggrieved and dissatisfied with the order dated 30.11.2019 (Annexure P-6) passed by Additional Chief Secretary (Technical Education) to the Government of Himachal Pradesh in purported compliance of order dated 16.11.2016 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 5734 of 2016, titled Akshay Sharma vs. State of Himachal Pradesh and others, whereby respondent/competent Authority was directed to consider the case of the petitioner for taking over his services on contract basis, as per terms and conditions of the 1 Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 06/11/2020 20:23:05 :::HCHP 2Notification dated 3.10.2015, subject to fulfillment of the eligibility criteria, petitioner has approached this Court in the .
instant proceedings filed under Art. 226 of the Constitution of India, praying therein to set aside aforesaid order being illegal, arbitrary, discriminatory and unconstitutional and further being in violation of the principles of service jurisprudence.
2. Having perused the contents of order dated 30.11.2019, impugned in the instant proceedings, this Court finds that though there is no dispute inter se parties that the petitioner has already completed seven years of service and his prayer for taking over his services on contract basis in terms of the Notification dated 3.10.2015 deserves to be considered. But since at the time of passing of aforesaid order, post of Assistant Professor (Textile Engineering) in the pay band of Rs.15,600-39,100+6000 Grade pay was not available, case of the petitioner could not be considered in terms of aforesaid Notification. Perusal of para-4 of the aforesaid office order clearly reveals that there are eight posts of Assistant Professor (Textile Engineering) in the pay band of Rs. 15,600-39,100+6000 Grade pay and three posts of Assistant Professor (Textile Engineering) in the pay band of Rs.15,600-39,100+8000 Grade pay. Since all the aforesaid ::: Downloaded on - 06/11/2020 20:23:05 :::HCHP 3 eight posts of Assistant Professor (Textile Engineering) in the pay band of Rs. 15,600-39,100+6000 Grade pay stood filled .
up, case of the petitioner could not be considered. It stands categorically recorded in the aforesaid order that the case of the petitioner for taking over his services on contract basis in terms of Notification dated 3.10.2015 shall be considered as and when post of Assistant Professor (Textile Engineering) in the pay band of Rs.15,600-39,100+6000 Grade pay becomes available. r
3. During proceedings of the case, Mr. Onkar Jairath, learned Counsel appearing for the petitioner, made available copy of Notification dated 20.10.2020 issued by the Secretary (Technical Education) to the Government of Himachal Pradesh, which is taken on record, perusal whereof reveals that one Mr. Praveen Kumar, Assistant Professor (Textile Engineering) has been upgraded from the pay band of Rs.15,600-39,100+6000 Grade pay to the pay band of Rs.15,600-39,100+8000 Grade pay with effect from 24.8.2018, as a consequence of which, one post of Assistant Professor (Textile Engineering) in the pay band of Rs.15,600- 39,100+6000 Grade pay has fallen vacant.
4. Since prayer of the petitioner for taking over his services on contract basis in terms of Notification dated ::: Downloaded on - 06/11/2020 20:23:05 :::HCHP 4 3.10.2015 could not be accepted by the respondents on account of non-availability of the post of Assistant Professor .
(Textile Engineering) in the pay band of Rs. 15,600- 39,100+6000 Grade pay, case of the petitioner now deserves to be considered afresh on account of financial upgradation given to said Praveen Kumar, Assistant Professor (Textile Engineering) under Career Advancement Scheme (CAS), who admittedly now stands upgraded to the higher pay band of Rs.15,600-39,100+8000 r Grade pay with effect from 24.8.2018.
5. Consequently, in view of above, this Court, at this stage, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondent No.1 to consider the prayer of the petitioner for taking over of his services on contract basis in terms of Notification dated 3.10.2015, afresh, on account of subsequent development, as has been taken note herein above, expeditiously, preferably within two weeks. Needless to say, authority concerned, while doing the needful afresh, would take into consideration report of the Screening Committee Annexure P-5 which having taken note of the fact that the petitioner has completed seven years of service as required under the policy, has already recommended for ::: Downloaded on - 06/11/2020 20:23:05 :::HCHP 5 taking over of services of the petitioner on contract basis, from due date i.e. 1.9.2018. Necessary compliance affidavit .
be filed by respondent No.1 in the Registry of this court within one week of taking decision in this regard. Matter be listed before this Hon'ble Court after three weeks.
Petition stands disposed of. Pending applications, if any, also stand disposed of.
Copy Dasti.
(Sandeep Sharma) Judge November 6, 2020 (vikrant) ::: Downloaded on - 06/11/2020 20:23:05 :::HCHP