Disposed

Nirmal Singh and Others v. State of Hp and Another

Himachal Pradesh HC5 Jul 2024CWP/568/2024

Case brief

AI extract

What is this about?

This single judge writ petition sought regularization of contract-appointed Assistant Professors as regular employees with back dating and pension benefits. The Court disposed of the petition by directing the State to decide representations within eight weeks in line with earlier precedents.

What did the court decide?

Respondent No.2 directed to consider petitioners' representations within eight weeks in terms of CWP No.2004 of 2017 and CWP No.5290 of 2023.

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

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( 2024:HHC:4641 )

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.568/2024. Date of Decision: 05^th July, 2024.

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Dr. Nirmal Singh & Ors.

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Dr. Nirmal Singh & Ors. .....Petitioners. Versus State of HP & Anr. …..Respondents.

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Coram

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The Hon’ble Mr. Justice Bipin Chander Negi, Judge.

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Whether approved for reporting?¹

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For the Petitioners: Mr. Devender K. Sharma, Advocate.

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For the Respondents: Mr. Diwakar Dev Sharma, Addl. Advocate General.

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Bipin Chander Negi, Judge (oral).

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The present writ petition has been filed by the petitioner

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seeking following substantive reliefs:-

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i. That an appropriate writ, order or 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 HP 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 purposes of annual increments, leave encashment, career progression scheme and for the purposes of counting the services

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

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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. in the interest of justice and fair play.

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2. Time to file reply is being sought since 12^th January, 2024. Till date no reply has been filed by the respondents/State.

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3. Learned counsel for the petitioner has placed on record copy of order dated 26.06.2024, wherein benefits of seniority, increment and other consequential service benefits have been accorded to similarly situate Assistant Professors (College Cadre), post counting their contract service.

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4. Accordingly, the petition is disposed of by directing respondent No.2 to consider and decide the representations of the petitioners, appended along with the petition as Annexure P4(Colly), within eight weeks from today, strictly in terms of the judgment passed by this Court in CWP No.2004 of 2017, titled as Taj Mohammad & Ors . and also by a Coordinate Bench of this Court in CWP No.5290 of 2023,

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titled as Arun Kumar Vs. State of HP & Anr. decided on 03.11.2023 by passing a detailed and reasoned order.

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Pending applications, if any, also stand disposed of.

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(Bipin Chander Negi)

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Judge

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05^th July, 2024 (Gaurav Rawat)

Nirmal Singh and Others v. State of Hp and Another

Case brief

What is this about?

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Nirmal Singh and Others v. State of Hp and Another

Case brief

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