Pardeep Kumar and Others Vs State of Hp and Others — Himachal Pradesh HC (2024) — LawSathi Research

Pardeep Kumar and Others Vs State of Hp and Others — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No.2 to consider and decide the petitioners' case within four weeks strictly in terms of the judgment dated 14th March, 2024 in CWPOA No.2782 of 2019 (Narender Singh Thakur & Ors. vs. State of H.P. & Ors.) by passing a detailed and reasoned order; if petitioners are found identically situated as the beneficiaries therein, all such benefits to be extended within a further period of four weeks; pending application(s) also stand disposed of.

Issue for consideration

Whether the petitioners are entitled to regularization of their services with effect from the date of their initial engagement/appointment with all consequential benefits, in terms of judgments earlier passed by this Court and by parity with similarly placed beneficiaries (including Sh. Kuldip Chand). +1 more

Ratio / Principle

Without adverting to the merits of the case, the petition is disposed of with a direction to respondent No.2 to consider and decide the case of the petitioners within four weeks strictly in terms of the judgment passed by this Court on 14th March, 2024 in CWPOA No.2782 of 2019 (Narender Singh Thakur & Ors. vs. State of H.P. & Ors.), by passing a detailed and reasoned order.

Key takeaways

In case the petitioners are found identically situated as the beneficiaries in the case(s) decided vide the judgment dated 14th March, 2024 in CWPOA No.2782 of 2019, the petitioners shall also be extended all such benefits as made available to the beneficiaries therein, within a further period of four weeks.ratio¶17

Detailed headnote1 paragraphs

Service law — regularization — writ petition disposed of on parity, merits not adjudicated. Petitioners (Pardeep Kumar & Ors., CWP No.180 of 2024, High Court of Himachal Pradesh, Satyen Vaidya, Judge, oral order, 22.04.2024) sought regularization from the date of initial engagement/appointment with consequential benefits in terms of earlier judgments of the Court (CWP No.1811 of 2008, CWP No.7602 of 2010, CWP No.9871 of 2023) and parity with Sh. Kuldip Chand, with interest @ 9% p.a. on benefits claimed in the alternative. Learned counsel submitted the petitioners would be satisfied if the State were directed to consider their case in light of judgment dated 14th March, 2024 in CWPOA No.2782 of 2019 (Narender Singh Thakur & Ors. vs. State of H.P. & Ors.); the prayer being innocuous was not opposed. Without adverting to merits, the Court directed respondent No.2 to consider and decide the case within four weeks strictly in terms of that judgment by a detailed and reasoned order, and held that if the petitioners are found identically situated as the beneficiaries therein, all such benefits shall be extended within a further four weeks. Pending applications disposed of. No statutory provision cited; no amount awarded.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.180 of 2024 Date of decision : 22.04.2024 Pardeep Kumar & Ors. ...Petitioners. Versus State of H.P. & Others ...Respondents. Coram:

The Hon’ble Mr. Justice Satyen Vaidya, Judge .

Whether approved for reporting?¹

For the petitioners : Mr. Ganesh Barowalia, Advocate. For the respondents : Mr. Y.P.S. Daulta and Mr. Aman Deep Sharma, Additional Advocates General, for the respondents.

Satyen Vaidya, Judge (Oral):

The instant petition has been filed for grant of

following substantive relief(s):-

I. That appropriate writ, order and direction may kindly be issued thereby ordering and directing the respondent to regularize the services of the petitioners with effect from the date of their initial engagement/appointment with all consequential benefits in terms of the judgments passed by this Hon‘ble Court in CWP No.1811 of 2008 ( Annexure P-4 ), CWP No.7602 of 2010 ( Annexure P-5 ) & in CWP No.9871 of 2023 ( Annexure P-11 ); and

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

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II. That appropriate writ, order and directions may kindly be issued thereby ordering and directing the respondents to release the entire consequential benefits along with interest @ 9% per annum to the petitioners, from the date of their initial appointment/engagement, till the date of realization ; and/or III. That That appropriate writ, order and directions may kindly be issued thereby ordering and directing the respondents to extend the same and similar relief as has been extended to Sh. Kuldip Chand (Annxure P-6, P-9 & P-10) and to similarly situated persons vide Annexure P-10 .

It has been submitted by learned counsel for the petitioners that issue akin to the one raised in the instant petition has already been decided by this Court vide judgment dated 14th March, 2024, passed in CWPOA No.2782 of 2019 , titled as ‘ Narender Singh Thakur & Ors Vs. State of H.P. & Ors . ’. He has further submitted that the petitioners herein shall be satisfied, at this stage, in case the respondent-State is directed to consider and decide the case of petitioners in light of aforesaid judgment in a time bound manner.

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Prayer being innocuous is not opposed.

Without adverting to the merits of the case, the

instant petition is disposed of with direction to respondent No.2 to consider and decide the case of the petitioners within four weeks from today strictly in terms of the judgment passed by this Court on 14^th March, 2024, in CWPOA No.2782 of 2019 , titled as Narender Singh Thakur & Ors. vs. State of H.P. & Ors. , by passing a detailed and reasoned order. Needless to say that in case petitioners are found identically situated as the beneficiaries in the case(s) decided vide aforesaid judgment dated 14th March, 2024, the petitioners shall also be extended all such benefits as made available to beneficiaries therein within further period of four weeks.

Pending application(s), if any, also stand disposed of.

22^nd April, 2024 (Pardeep)

(Satyen Vaidya) Judge