The High Court modified the regularization date of the petitioners to December 2015 from 7th October 2016 in the interest of justice, restricting this decision to the present petitioners only without establishing a binding precedent.
Regularization of services granted w.e.f. December 2015.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
COPC No.98 of 2016 Date of decision: 05.10.2017
Guru Dev & others ..Petitioners
Versus
A.J.V. Parshad & another . Respondents
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice The Hon’ble Mr. Justice Sandeep Sharma, Judge
Whether approved for reporting?
For the petitioners: Mr.Balwant Singh Thakur, Advocate For the respondents: Mr.Shrawan Dogra, Advocate General, with Mr.M.A. Khan, Mr.Romesh Verma, Additional Advocate Generals and Mr.J.K. Verma, Deputy Advocate General, for the State of Himachal Pradesh. Mr.Sanjay Gupta, Principal Secretary (Education) to the Government of Himachal Pradesh in person.
Sanjay Karol, Acting Chief Justice (oral)
We find the Deputy Director of Higher Education, Shimla, District Shimla, H.P. to have issued order dated 7th October, 2016, whereby services of the petitioners stand regularized from the said date.
2
CWP 6323 of 2014, titled as Guru Dev & others vs. State of H.P. & others. This would take the petitioners regularization back by about one year instead of 7th October, 2016. 3. We are of the considered view that interest of justice would be met if services of the petitioners are regularized w.e.f. December, 2015 instead of 7th October, 2016. Petitioners are ready for the same. Painstakingly, we clarify that the said directions would be applicable only qua the petitioners before us and not to be treated as a binding precedent in the case of any other or similarly situated person.
With these observations, the present petition stands disposed of, so also the pending application(s), if any.
( Sanjay Karol ) Acting Chief Justice
October 5, 2017 ( Sandeep Sharma ) (vt) Judge
2 issues framed by the court
Whether the regularization date of the petitioners should be modified to December 2015 instead of 7th October 2016 to meet the interest of justice.
Whether the regularized date established for these petitioners would serve as a binding precedent for similarly situated persons.
Guru Dev & others
A.J.V. Parshad & another
Sanjay Karol
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
