Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1]

Himachal Pradesh High Court

Dr. Rajeev Kaushal vs State Of Himachal Pradesh on 25 February, 2022

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

                                 1


         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                       ON THE 25th DAY OF FEBRUARY, 2022

                                 BEFORE




                                                            .
                   HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,





                              CHIEF JUSTICE

                                     &





                 HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

                   CIVIL WRIT PETITION No. 7183 OF 2021





          Between :-

    1.     DR. RAJEEV KAUSHAL, S/O SH.
           G.C. KAUSHAL, R/O VPO

           FATEHPUR, TEHSIL SARKAGHAT,
           DISTRICT MANDI, H.P.

    2.     RAJNI VERMA, D/O LATE SH.
           MURARI LAL, R/O VILLAGE
           CHATROUR, P.O. SAKOOHA,
           TEHSIL BALH, DISTRICT MANDI,


           H.P.

                                              ...PETITIONERS
          (BY MR. ANUBHAV CHOPRA,




          ADVOCATE)

          AND





    1.     STATE OF HIMACHAL PRADESH





           THROUGH ITS SECRETARY
           (HEALTH) TO THE GOVERNMENT
           OF HIMACHAL PRADESH.

    2.     THE PRINCIPAL, DR. RAJENDRA
           PRASAD MEDICAL COLLEGE AND
           HOSPITAL, TANDA, DISTRICT
           KANGRA, H.P.

    3.     THE NODAL OFFICER, MRU, DR.




                                           ::: Downloaded on - 28/02/2022 20:11:15 :::CIS
                                   2


         RAJENDRA PRASAD MEDICAL
         COLLEGE AND HOSPITAL, TANDA,
         DISTRICT KANGRA, H.P.

                                                   ...RESPONDENTS




                                                                .
       (MR. ASHOK SHARMA,





       ADVOCATE GENERAL, WITH
       MR. VIKAS RATHORE,
       MS. RITTA GOSWAMI,
       ADDITIONAL ADVOCATES GENERAL)





    ____________________________________________________

                This petition coming on for admission this day,

    Hon'ble Ms. Justice Jyotsna Rewal Dua, passed the following :

                             ORDER

The petitioners' grievance in this writ petition is with respect to their salary for the period of January 2017 to March 2018, allegedly illegally withheld by the respondents.

2. The facts canvassed are that the petitioners were appointed in the Multidisciplinary Research Unit at Dr. Rajendra Prasad Medical College and Hospital, Tanda, District Kangra, H.P. on contract basis for a period of one year. The petitioners joined their duties on their respective posts on 02.01.2017. Their services were extended by the respondents from time to time.

The grouse of the petitioners is that even though they continued to discharge their duties continuously ever since January 2017, however, salary for the period of January 2017 to March 2018 has not been released to them. That the respondents have ::: Downloaded on - 28/02/2022 20:11:15 :::CIS 3 released the salary to them only for the period of March 2018 to March 2019.

3. Learned counsel for the petitioners submitted that .

various representations made by the petitioners to the respondents authorities for release of their withheld salary have not been borne the desired result. Hence, the instant writ petition has been preferred by them.

4. Looking into the nature of controversy involved in the present writ petition, the same is disposed of by granting liberty to the petitioners to prefer a comprehensive representation in this regard to the respondents/competent authority within a period of one week from today. In case such a representation is so preferred by the petitioners, then the competent authority within the next eight weeks shall verify the claims of the petitioners regarding their withheld salary for the period in question.

Appropriate speaking order, in accordance with law, shall be passed within the aforesaid period. The copy of the decision, so arrived at, be supplied to the petitioners. Pending applications, if any, also stand disposed of.

( Mohammad Rafiq ) Chief Justice 25th February, 2022 (K) ( Jyotsna Rewal Dua ) Judge ::: Downloaded on - 28/02/2022 20:11:15 :::CIS