Himachal Pradesh High Court
Babita Rani vs State Of Himachal Pradesh And Others on 5 March, 2020
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.3151 of 2019.
.
Date of decision: 05.03.2020.
Babita Rani .....Petitioner.
Versus
State of Himachal Pradesh and others
.....Respondents.
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 No
For the Petitioner : Mr. C.N. Singh, Advocate.
For the Respondents: Mr. Ashok Sharma, Advocate
General with Mr. Vinod
Thakur, Additional Advocate
General, Mr. Bhupinder
Thakur and Ms. Svaneel
Jaswal, Deputy Advocate
Generals.
Tarlok Singh Chauhan, Judge (Oral)
Even though, the respondents have filed short reply, however, copy of the same is not on record. Registry is directed to trace and place the same on record.
2. The instant writ petition has been filed for grant of the following reliefs:
1Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 06/03/2020 20:24:38 :::HCHP 2 "i) That termination of the petitioner service w.e.f.
12.10.1998 to 29.06.2001 be declared illegal being .
in violation of the principle of last come first go.
ii) That the respondent department may kindly be directed to treat the entire period w.e.f.
12.10.1998 to 29.06.2001 as continuity in service for regularization, service benefits etc., for all intents and purposes with all consequential benefits in terms of the law laid down by the Hon'ble High Court in CWP(T) No. 5253/2008 titled Narain Singh vs. State of Himachal Pradesh & Ors. and affirmed in LPA No. 146 of 2010 (State of H.P. vs. Narain Singh along with other connected cases).
iii) That accordingly the respondents department may kindly be directed to regularize the services of the petitioner after completion of 8 years of contractual service ( w.e.f. 12.06.2006) in terms of the policy framed by the department with all consequential benefits."
3. The short reply filed by the respondents, copy whereof made available to us in the open Court, reveals that the respondents themselves have undertaken to consider the case of the petitioner in light of the judgment rendered by this Court in CWP(T) No.5253 of 2008, titled Narain Singh vs. State of Himachal Pradesh and others, which has been affirmed right upto the Hon'ble Supreme Court and extend the benefits to all retrenched ::: Downloaded on - 06/03/2020 20:24:38 :::HCHP 3 contractual teachers including non-petitioners, as is evident from para-3 of the short reply which reads as under:
.
"3. That after dismissal of SLP in Narain Singh's case the entire matter for further directions regarding implementation of the judgment passed in Narain Singh's case to all retrenched contractual teachers including non petitioners in Narain Singh's Case are being examined at the Govt. level and after decision, action in the present matter will be taken."
4. Consequently, the present petition is disposed of with a direction to the respondents to implement the judgment passed in Narain Singh's case (supra) and extend the benefits to all the retrenched contractual teachers including the petitioner and also the non-
petitioners, if found to be similarly situated. Needful be done within six weeks from today.
5. Pending application(s), if any, also stand disposed of.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 5th March, 2020.
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