Himachal Pradesh High Court
Pardeep Kumar vs State Of H.P. And Another on 30 December, 2022
Bench: Sabina, Sushil Kukreja
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.4254 of 2022 Decided on:30.12.2022 .
Pardeep Kumar ......Petitioner
Versus
State of H.P. and Another ...Respondents
_________________________________________________ Coram:
Hon'ble Ms. Justice Sabina, Judge.
Hon'ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?
For the petitioner : Mr. Aman Parth Sharma, Advocate.
For the respondents :
Mr. Anil Jaswal, Additional Advocate General.
________________________________________________ Sabina, Judge (Oral).
Petitioner has filed the writ petition under Article 226 of the Constitution of India, seeking the following relief:-
"(i) Present petition may kindly be allowed and respondent may kindly be directed to grant the regular govt. contract to the petitioner from the due date i.e. 3.10.2015 with all consequential benefits, as per the policy dated 3.10.2015."
2. We have heard learned counsel for the parties and have gone through the records available on the file carefully.
::: Downloaded on - 30/12/2022 20:37:25 :::CIS 23. A perusal of the reply reveals that the respondents have considered the grievances of the petitioner and have passed the order dated 17th December, 2022. The operative part of the order .
dated 17th December, 2022 reads as under:-
"AND Whereas, the matter was again referred to the service committee for examination & the service committee found that the services of the employees, against whom the services of Sh.Pardeep Kumar were taken over on contract w.e.f. 29-03-2017, had already been taken over on Govt. contract on 04-10-2015 notional basis vide office order no.2317 dated 31.12.2018 as they had already completed 9600 hours of services before the issue of notification dated 03-10- 2015 and Sh. Pardeep Kumar, Instructor Mechanic R&AC had also completed 9600 hours before 3-10-2015 and fulfilled the eligibility criteria as per Govt. Notification 03-10-2015, therefore, being similar situated, the service committee recommended to take over his services on Govt. contract w.e.f. 4-10-2015 and regular w.e.f.
1/4/2019 on notional basis.
NOW THEREFORE, keeping in view the recommendation of the Service Committee and in supersession of this Directorate office Order No.1849 dated 21-07-2022 & 1849 dated 01-10-2021, the services of Sh. Pardeep Kumar, Instructor Mechanic R&AC are hereby taken over on Govt. Contract from 04- 10-2015 and the benefit of regularization is hereby allowed w.e.f. 01-04-2019 purely on notional basis the ::: Downloaded on - 30/12/2022 20:37:25 :::CIS 3 date from which the services of similar situated incumbents were regularized vide this Directorate office order No.651 dated 01-04-2019.
.
4. Thus, as per the Order dated 17th December, 2022, the services of the petitioner have been ordered to be regularized w.e.f.
1st April, 2019 on notional basis as similarly situated incumbents had been regularized vide order passed by the Directorate Office dated 1st April, 2019. Hence, it is evident that the petitioner was also entitled for his regularization w.e.f. 1st April, 2019 i.e. the date when similarly situated incumbents were regularized. However, the services of the petitioner were regularized in the year 2021.
5. Learned counsel for the petitioner has submitted that the petitioner restricts his claim for monetary benefits from the date, he has been ordered to be regularized vide order dated 17th December, 2022 and was entitled for grant of all consequential benefits w.e.f. 1st April, 2019. So far as the period prior to 1st April, 2019 is concerned, petitioner does not claim any monetary benefits.
6. We find force in the submission made by learned counsel for the petitioner to the effect that the petitioner was liable to be granted all consequential benefits w.e.f. 1st April, 2019 as the similarly situated incumbents had been ordered to be regularized w.e.f. 1st April, 2019, whereas, the petitioner for no fault of his was ordered to be regularized in the year 2021.
::: Downloaded on - 30/12/2022 20:37:25 :::CIS 47. Accordingly, keeping in view, the order dated 17th December, 2022, this petition is disposed of with a direction to the respondents to grant all consequential benefits to the petitioner .
w.e.f. 1st April, 2019, the date of his regularization. The needful be done within eight weeks.
To come up for compliance on 6th April, 2023.
r to ( Sabina )
Judge
( Sushil Kukreja )
December 30, 2022 Judge
(pathania)
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