Dismissed

The State of Hp and Others v. Ramesh Kumar

Himachal Pradesh HC11 Oct 2023CWP/5843/2020

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an HP State Administrative Tribunal order. The employee sought to count his period of disengagement for seniority regularization. The Court held there was no merit in the challenge regarding the date noted and the order was dismissed.

What did the court decide?

Writ petition and pending miscellaneous applications dismissed.

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

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No.5843 of 2020 Decided on: 11^th October, 2023 ______________________________________________________ State of H.P. & Ors. …..Petitioners Versus Ramesh Kumar …Respondent ______________________________________________________ Coram_

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The Hon’ble Mr. Justice M. S. Ramachandra Rao, Chief Justice The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

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1 Whether approved for reporting?

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_____________________________________________________ For the petitioners: Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta & Mr. Pranay Pratap Singh, Additional Advocates General and Mr. Arsh Rattan & Mr. Sidharth Jalta, Deputy Advocate General. For the respondent: Mr. Bhim Raj Sharma, Advocate,

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M.S.Ramachandra Rao, Chief Justice (Oral)

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No reply is filed and no fresh power of attorney, as directed in order dt.05.09.2023, has been filed. Therefore, right to file the same stands closed.

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2. This Writ petition is filed, challenging order dt. 22.03.2016 passed by the H.P. State Administrative Tribunal in OA no. 4360 of 2015.

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3. In the said order, the Tribunal had directed the

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

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respondent to count the period of disengagement of the respondent towards seniority and regularization by placing reliance on an earlier order passed by the Tribunal on 16.12.1996 in OA no. 303 of 1996.

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It is not in dispute that the respondent had been engaged as Daily Waged Beldar w.e.f. January 1995 under the Irrigation and Public Health Department, Division Jawali, Himachal Pradesh. He was disengaged on 08.11.1996 without following the provisions of Industrial Disputes Act, 1947.

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He assailed it in OA no.303 of 1996. The appellant admitted not only the respondent’s status, but also the factum of the respondent having completed 240 working days preceding to the date of his retrenchment. Therefore, the termination of the respondent was set aside in that OA and he was directed to be reengaged by the appellant, and also directed to count the period of disengagement of the respondent towards his seniority, but back wages were denied.

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Relying on the same, when the appellants were not counting the period of disengagement towards seniority, OA No. 4360 of 2015 was filed by the respondent, which was allowed by the Tribunal, following the previous order.

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Counsel for the State contends that the date of disengagement of the respondent was wrongly noted in the impugned order as 1995, but in fact it was 08.11.1996.

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Even if that is so, the period from the date of engagement of the respondent in 1995 till his disengagement on 08.11.1996, would anyway have to be counted towards the seniority

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as also period between 08.11.1996 and 16.12.1996 when OA No. 303 of 1996 was allowed.

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Therefore, we do not find any merit in the Writ petition

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and the same is accordingly dismissed alongwith pending miscellaneous application(s), if any. No costs.

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(M. S. Ramachandra Rao) Chief Justice

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(Jyotsna Rewal Dua) October 11, 2023 Judge R.Atal

The State of Hp and Others v. Ramesh Kumar

Case brief

What is this about?

What did the court decide?

The State of Hp and Others v. Ramesh Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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