Disposed

Rajinder Singh v. State of Hp and Others

Himachal Pradesh HC13 Dec 2023CWP/10159/2023

Case brief

AI extract

What is this about?

In a writ petition regarding arrears of salary for a retentively regularized contract appointment, the court directed the Engineer-in-Chief to examine admissible claims and pass appropriate orders within two months. Facts and law were left open.

What did the court decide?

Respondent No. 2 directed to examine admissible claims for arrears of salary and pass orders within two months.

Rajinder Singh Vs State of Hp and… — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶2

CWP No. 10159 of 2023

¶3

Date of Decision : December 13, 2023

¶4

Rajinder Singh ...Petitioner. Versus State of Himachal Pradesh & Others ...Respondents.

¶5

Coram:

¶6

The Hon’ble Mr. Justice Ranjan Sharma, Judge.

¶7

Whether approved for reporting?¹ Yes

¶8

For the petitioner : Mr. Bonit Thakur, Advocate, vice Mr. A.K. Gupta, Advocate.

¶9

For the respondent : Mr. Rajan Kahol, Additional Advocate General.

¶10

Ranjan Sharma, Judge (Oral)

¶11

Notice. Mr. Rajan Kahol, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

¶12

With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings.

¶13

The petitioner has come up before this Court seeking the following relief:-

¶14

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

¶15

¶16

“(i) That the respondents may be ordered to pay arrears of salary to the petitioner for the period he remained on contract basis till his services were regularized.”

¶17

Case of the petitioner, in brief, is that in pursuance to judgment passed by this Court in CWP No. 3047 of 2020, titled as Jagdish Kumar & others vs. State of Himachal Pradesh & others, which has been affirmed by the Division Bench of this Court and also Hon’ble Supreme Court of India In SLP No. 6124 of 2022, titled as State of Himachal Pradesh & Others vs. Jagdish Kumar & others and after relaxing the educational qualifications, which existed in the Recruitment and Promotion Rules, the respondents issued an Order on 16.09.2022 (Annexure P-1) , appointing the petitioner as Pump Attendant on contract basis w.e.f. 15.10.2020 and was given the fixed emoluments as per the Finance Department letter dated 10.02.2022.

¶18

The grievance of the petitioner is, that on issuance of appointment orders dated 16.09.2022 (Annexure P-1) , though the respondents have appointed the petitioner as Pump Attendant, on contract basis, with retrospective

¶19

¶20

effect w.e.f. 15.10.2020, on consolidated emoluments as mentioned in the order but, the respondents have not given the arrears of contractual monthly emoluments from the retrospective date of regularisation w.e.f. 15.10.2020 till the actual joining of the petitioner, on the basis of orders dated 16.09.2022 (Annexure P-1) .

¶21

Per contra, Mr. Rajan Kahol, learned Additional Advocate General, does not dispute the factual position. However, he submits that the admissibility of the claim of the petitioner needs to be verified on facts and looked into.

¶22

In the entirety of the facts and circumstances mentioned herein above, this Court disposes of the present petition by directing Respondent No. 2/ Engineer-in-Chief, Jal Shakti Vibhag (I&PH Department), Himachal Pradesh, Shimla to look into the admissible claims of the petitioner [as mentioned in Paras 4 & 5 supra] and to pass appropriate orders in the matter, in accordance with law, within two months from today.

¶23

¶24

Needless to say that, this Court has not adverted to the rival contentions and merits of the matter and all questions of facts and law are left open.

¶25

In aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.

¶26

(Ranjan Sharma) Judge.

¶27

December 13 , 2023 (PK)

Rajinder Singh v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Rajinder Singh v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ram Prakash Kapil Vs State of Hp and Others

Suresh Kumar Vs Hrtc and Ors.

Onkar Singh Vs Rohan Chand Thakur

Anil Kumar and Others Vs State of Hp and Others

Anoop Kumar Handa Vs Hp State Pollution Control Board and Another

Punam and Others Vs State of Hp and Others