The High Court of Himachal Pradesh dismissed the State's appeal. The court condoned a 156-day delay in filing the appeal before registering it to finally dismiss it, relying on established precedents regarding temporary regularisation and pension benefits.
Condonation of 156 days delay; Appeal registered and then dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMP(M) No.431 of 2024 in LPA No._____ Date of decision: 9.05.2024.
State of H.P & ors. …..Appellants
Versus
Roshani Devi …..Respondent Coram
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?1 No For the appellants : Mr. Anup Rattan, A.G. with Ms. Sharmila Patial, Addl. A.G.
For the Respondent : Nemo
Tarlok Singh Chauhan, Judge (Oral)
CMP(M) No.431 of 2024
By medium of this application, the State has sought
condonation of 156 days delay that has crept up in filing of the
appeal. Having gone through the averments made in the application, which are duly supported by an affidavit of Director, Elementary Education¸ we find sufficient cause to condone the
delay in filing of the appeal. Ordered accordingly. The application stands disposed of.
Appeal be registered.
LPA No._______/2024
1
Whether the reporters of the local papers may be allowed to see the Judgment?Yes
2
raised before the learned Writ Court was that as to whether a person appointed to a post temporarily, without having special qualification required for recruitment to the said post, but in due process completed for such appointment pursuant to Policy adopted by the State, is she entitled for counting her temporary service for annual increments and pensionary benefits on regularization of her service on the same post. As rightly observed by the learned Writ Court, the issue, in question, is no longer res integra in view of the judgments rendered by the Hon’ble Supreme Court and by this Court from time to time.
3
Joga Singh and ors. was preferred and the same was dismissed by the Hon’ble Supreme Court and even the Review Petition (Civil) No.274 of 2017 in the said SLP was also dismissed by the Hon’ble Supreme Court on 2.3.2017. In CWPOA No.195 of 2019 titled as Sheela Devi Vs State of H.P & ors. decided on 26.12.2019, against which an SLP filed by the State has also been dismissed by the Hon’ble Supreme Court. In case titled as Jagdish Chand Vs State of H.P & ors. decided on 10.1.2020, an SLP filed by the State has also again been dismissed by the Hon’ble Supreme Court . Similar judgments have also been rendered by this Court in CWPOA No.5187 of 2020 titled as Sunil Dutt & ors. Vs.
State of H.P. & ors., CWPOA No.5507 of 2020 titled as Oma Vati and anr. Vs. State of H.P. & ors. and recent decision of this Court in LPA No.117 of 2024 decided on 8.5.2024.
and the same is accordingly dismissed in limini , leaving the parties to bear their own costs.
(Tarlok Singh Chauhan) Judge
(Sushil Kukreja) Judge
May 9, 2024 ( mamta )
2 issues framed by the court
Whether the appeal against the orders regarding temporary service regularization and pensionary benefits should be allowed.
Whether the condonation of delay in filing the appeal should be granted.
Colour shows how this judgement treated each authority
Paras Ram Vs State of Himachal PradeshFollowed¶22
Paras Ram Vs State of Himachal Pradesh and another, Latest HLJ 2009 (HP) 887, CWP No.4550 of 2010
Ravi Kumar Vs State of H.P and anotherFollowed¶22
Ravi Kumar Vs State of H.P and another, CWP No.5400 of 2014
Veena Devi Vs HPSEBL & anr.Followed¶22
Veena Devi Vs HPSEBL & anr., decided on 21.11.2014, SLP CC Nos.18898 of 2015
Joga Singh and ors. Vs State of H.P & ors.Followed¶23
Joga Singh and ors. Vs State of H.P & ors., CWP No.8953 of 2013, SLP(C) No.183 of 2016
Sheela Devi Vs State of H.P & ors.Followed¶25
Sheela Devi Vs State of H.P & ors., CWPOA No.195 of 2019
Jagdish Chand Vs State of H.P & ors.Followed¶25
Jagdish Chand Vs State of H.P & ors., decided on 10.1.2020
Sunil Dutt & ors. Vs State of H.P. & ors.Followed¶25
Sunil Dutt & ors. Vs State of H.P. & ors., CWPOA No.5187 of 2020
Oma Vati and anr. Vs. State of H.P. & ors.Followed¶26
Oma Vati and anr. Vs. State of H.P. & ors., CWPOA No.5507 of 2020
LPA No.117 of 2024Followed¶26
LPA No.117 of 2024, decided on 8.5.2024
State of H.P & ors.
Roshani Devi
Tarlok Singh Chauhan
Sushil Kukreja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
