Himachal Pradesh High Court
Sh. Jatinder Pathania vs State Of H.P. & Others on 27 February, 2015
Bench: Rajiv Sharma, Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 873 of 2015.
Decided on: 27.02.2015.
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Sh. Jatinder Pathania ......Petitioner.
Versus
State of H.P. & others. .......Respondents.
Coram
The Hon'ble Mr. Justice Rajiv Sharma, Judge.
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting? 1 No.
For the petitioner: Mr. Arush Matlotia, Advocate.
For the respondents: Mr. M.A.Khan, Addl. AG with Mr. Anup Rattan, Addl.
AG, for respondent-State.
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Justice Rajiv Sharma, J. (oral)
The petitioner was appointed as Junior Engineer (Civil) on contract basis by the Executive Officer, Panchayat Samiti Rait, Distt.
Kangra, H.P. on 1.9.2005. The petitioner has completed 6 years of regular service as on 31.8.2011. The case of the petitioner was taken up for regularization and his name figures at Sr. No. 9 of Annexure P-3.
However, the fact of the matter is that the petitioner was not regularized from the due date. He approached this Court by way of CWP No. 8049 of 2013 seeking direction to the respondents to consider his case for regularization as Junior Engineer on completion of continuous service of more than 6 years. This writ petition was disposed of alongwith CWP No. 1242 of 2013. The respondents were directed to consider the case of the petitioner for regularization as Junior Engineer in accordance with law/policy framed by the State Government. In sequel thereto, the petitioner was regularized on 24.6.2014. The case of the petitioner, in a 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 15/04/2017 17:40:31 :::HCHP 2nut shell, is that he should have been regularized immediately after completion of 6 years of continuous service as Junior Engineer. It is .
also averred in the petition that persons junior to the petitioner, namely, Sanjay Kumar, Jeevan Jyoti and Surinder Kumar were regularized by the respondent-department before the petitioner.
2. It is evident from the order dated 4.6.2014 rendered by the learned Single Judge of this Court in CWP No. 1242 of 2013 and CWP No. 8049 of 2013 that show cause notices were issued to the petitioner on 7.3.2012 and 4.7.2012. Mr. Arush Matlotia, Advocate for the petitioner has placed on record a copy of letter dated 27.1.2015. The extract of the letter dated 27.1.2015 reads as under:
" Please refer to your letter No.-Panch-KGR-ZP/Estt-1814 dated 30-10-2014 on the subject cited above. In this regard, it is clarified that since there was no Departmental action initiated against Sh. Jitender Pathania, JE after depositing the amount in compliance to show cause notice dated 07- 03-2012 & 04-07-2012, therefore, he is entitled for the consequential benefits as per law/policy framed by the government. You are therefore, requested to take appropriate action in the matter under intimation to this directorate.
This has the approval of Principal Secretary (Law)."
3. According to the contents of the text, as reproduced hereinabove, the petitioner has already deposited the amount in compliance to show-cause-notices dated 07.3.2012 & 04.07,2012 and thus he is entitled to consequential benefits as per law.
::: Downloaded on - 15/04/2017 17:40:31 :::HCHP 34. Accordingly, the writ petition is allowed. The petitioner would be deemed to have been regularized as Junior Engineer .
immediately after completion of six years of continuous service i.e. 31.8.2011 with all consequential benefits. Pending application(s), if any shall stand disposed of.
( Rajiv Sharma ), Judge.
February 27, 2015, ( Sureshwar Thakur ),
(karan) Judge.
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