Disposed

Virender Singh and Others v. State of Hp and Another

Himachal Pradesh HC10 Dec 2024CWP/444/2024

Case brief

AI extract

What is this about?

Contract Assistant Professors sought regularisation from initial appointment with contract service counted for increments, pension and seniority, citing a consideration order passed in a similar matter. Without examining merits, the Court permitted them to file a fresh comprehensive representation, to be decided in line with that order within six weeks.

What the court decided

AI extract

Virender Singh and Others Vs State… — Pension and Retirement Benefits | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 444/2024

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Decided on: 10.12.2024

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Virender Singh & Ors. …Petitioners

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Versus

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State of H.P. & Anr. .…Respondents.

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Coram

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Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?¹

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For the petitioner:

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Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Sparash Bhushan, Advocate.

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For the respondents:

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Ms. Leena Guleria, Deputy Advocate General.

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Jyotsna Rewal Dua , J

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This writ petition has been filed for the grant of following

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substantive reliefs:-

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“(i) That an appropriate writ, order directions may kindly be issued, thereby directing the respondents to treat the petitioners who are initially appointed on contract basis, as regularly appointed Assistant Professors (college cadre) from the date of their initial appointment keeping in view the fact that their qualifications, mode of recruitment, responsibilities. fundamental duties remained the same as they were appointed against the sanctioned posts through regular selection process conducted by the H.P. Public Service Commission.

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(ii) That an appropriate writ, order or directions may kindly be issued, thereby directing the respondents to count the contract services rendered by the petitioners for all purposes including the

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

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purposes of annual increments, for the purposes of counting the services towards pension and the contract service rendered by the petitioners may very kindly be ordered to be counted for the purposes of seniority and they may kindly be released all the consequential benefits after counting of their contract service from the date of their initial appointment by granting the arrears along with interest @9% p.a.”

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Learned Senior Counsel for the petitioners submits that in similarly situated cases of Sh. Shakti Chand & Others, who had instituted CWP No. 897/2024, respondents have passed consideration order on 24.05.2024 allowing the prayers of the petitioners therein, which are similar to the prayers in the present writ petition. Learned Senior Counsel further submits that the petitioners would be satisfied, in case, they are permitted to file a comprehensive representation to respondent No.1/competent authority, whereafter the said respondent be directed to consider and decide the representation of the petitioners within time bound schedule, keeping in view the above order dated 24.05.2024 passed by them. Learned Deputy Advocate General has no objection to this prayer.

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Having regard to above submissions, but without examining the merits of the matter, the instant writ petition is disposed of by permitting the petitioners to make a fresh comprehensive representation to respondent No.1/competent authority, within a period of two weeks from today, who shall in turn, consider and

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decide the same, in accordance with law, also keeping in view the consideration order dated 24.05.2024 passed by the respondents pursuant to decision in CWP No.897/2024, within a further period of six weeks. The order so passed be also communicated to the petitioners. Pending miscellaneous application(s), if any, shall also stand disposed of.

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Jyotsna Rewal Dua Judge

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10^th December, 2024(rohit)

Virender Singh and Others v. State of Hp and Another

Case brief

What is this about?

What the court decided

Virender Singh and Others v. State of Hp and Another

Case brief

What is this about?

What the court decided

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