Naresh Kumar and Others Vs State of Hp and Another

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.270 of 2024

Decided on:17^th December, 2024

_________________________________________________________________ Naresh Kumar & Ors ....Petitioners Versus State of H.P. & Ors …Respondents ________________________________________________________________ Coram_

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Ms. Justice Jyotsna Rewal Dua

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1 Whether approved for reporting?

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_________________________________________________________________ For the petitioners: Mr. Onkar Jairath, Advocate. For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General, for respondent No.1. Mr.Vikas Rathore, Advocate, for respondents No. 2 to 28.

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Jyotsna Rewal Dua, Judge

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Though, the respondents have not filed reply, however, with the consent of learned counsel for the parties, matter is heard at this stage.

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2. This writ petition has been filed for grant of following substantive reliefs: -

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“ (i) That this Hon'ble Court may be pleased to issue the Writ in the nature of Certiorari or any other appropriate writ order or direction quashing and

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

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2 -

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setting aside the Impugned Order dated 01.12.2023, whereby the petitioners have been denied the benefit of services which were rendered by them on Contract basis being patently illegal and arbitrary besides the same being in violation to the settled law of the land.

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ii. That this Hon'ble Court may be pleased to issue the Writ in the nature of Certiorari or any other appropriate writ order or direction quashing and setting aside the Impugned Seniority, whereby the private respondents have been placed over and above the Petitioners, as circulated vide communication dated 25.11.2017 (P-5) being patently illegal and arbitrary and with further direction to redraw the seniority list afresh after taking into consideration the services rendered on contract basis.

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iii. That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus or any other appropriate writ order or direction, directing the respondents to assign the petitioners seniority after taking into consideration the entire length of service rendered by them from the date of their initial date of appointment on contract basis and they be assigned the seniority after taking into account their initial date of appointment, in view of the settled law of the land as has been narrated herein above in the preceding Paras of the Writ Petition.

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iv) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus or any other appropriate writ order or direction directing the respondents to count the contract service rendered by the Petitioner for the purposes of

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3 -

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granting annual increments and consequential benefits i.e. as qualifying service for the purpose of Pension and other pensionary benefits.”

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3. Learned counsel for the petitioners submitted that the grievance of the petitioners in respect of the above reliefs has already been adjudicated upon in Taj Mohammad and others Versus The State of Himachal Pradesh and others² . Learned counsel further submits that the petitioners would be content in case the respondents are directed to consider and decide the cases of the petitioners for grant of above reliefs in light of the aforesaid judgment within a fixed time schedule. Learned counsel for the respondents submit that the respondents are not averse to consider the case of the petitioner in light of the aforesaid judgment, however, all rights and contentions of the parties be left open for decision.

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4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of by directing the respondents to consider and decide the cases of the petitioners for grant of above reliefs, in accordance with law and taking into consideration the above judgment in the case of Taj Mohammad, supra , within a

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2 CWP No.2004 of 2017 decided alongwith connected matter on 03.08.2023.

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