Allowed

Trilok Chand Chauhan and Others v. State of Hp and Others

Himachal Pradesh HC18 Jul 2024CWP/305/2024

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh allowed a writ petition by contract employees who were later regularized. The court directed that their past contractual service be considered for pension benefits only, relying on the Supreme Court judgment of State of H.P. Vs. Sheela Devi.

What did the court decide?

Past service on contract basis followed by regularization to be counted for pension benefits only.

Trilok Chand Chauhan and Others Vs… — Pension and Retirement Benefits | Himachal Pradesh HC (2024)

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Neutral Citation No.2024:HHC:5462

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No. 305 of 2024 Decided on : 18.07.2024

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Sh. Trilok Chand Chauhan and others.

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…Petitioners

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Versus

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State of Himachal Pradesh and others

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…Respondents

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Coram

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Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?¹

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For the petitioners : Mr. Devender Chauhan Jaita, Advocate.

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For the respondents : Mr. Rajat Chauhan, Law Officer.

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Ajay Mohan Goel, Judge (Oral )

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By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-

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“A. That, the petitioner be considered for all benefit of their services in the nature of increment and pensionary benefit for the period under which they have worked as a contract employee followed by their regularization from the initial date of appointment.

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B. That, the petitioners be considered for seniority and consequential benefits by counting their

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1 Whether reporters of the local papers may be allowed to see the judgment?

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entire service especially on contract basis from the initial date of appointment for all benefits in terms of the judgments as annexed herewith his vide SLP (C) No. 13999/2020 and other connected petitions decided on 07.08.2023 by Hon'ble Supreme Court India in case State of H.P. & others Vs. Sheela Devi and CWP No. 2004/2017 alongwith CWP No. 629/2018 decided on 03.08.2023 titled as Tajmohmad & others. Vs. State of H.P. & others alongwith other connected case.”

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It is not in dispute that the petitioners, who initially engaged on contract basis in between the year 1996 to 1998, were thereafter regularized against the post against which they were initially appointed on contract.

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In this view of the matter, in the light of the judgment of the Hon’ble Supreme Court in State of H.P. & Anr. Vs. Sheela Devi, SLP (Civil) No. 10399 of 2020, decided on 07.08.2023, the petitioners are entitled for the relief that their past service as a contractual employee is to be taken into account for the purpose of pension.

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Accordingly, this writ petition is disposed of with the direction that past service of the petitioners on contract basis

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followed by regularization, shall be taken into account but for

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the purpose of pensions only. Pending miscellaneous

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

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(Ajay Mohan Goel) Judge

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July 18, 2024 (Shivank Thakur)

Trilok Chand Chauhan and Others v. State of Hp and Others

Case brief

What is this about?

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Trilok Chand Chauhan and Others v. State of Hp and Others

Case brief

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