Disposed¶12

Nisha Kumari v. State of Hp and Anr.

Himachal Pradesh HC8 Aug 2024EX.P./287/2024

Case brief

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What is this about?

Nisha Kumari v. State of Himachal Pradesh; Execution Petition No. 287 of 2024; 2024:HHC:6599; decided 08.08.2024; Justice Ajay Mohan Goel; execution proceedings closed; regularization of services from initial date of contract appointment; Competent Authority order; actual financial benefits from date of adjudication; liberty to seek further execution; pending miscellaneous applications disposed.

What did the court decide?

Execution proceedings closed following the Competent Authority's order regularizing the petitioner's services from the initial date of her contract appointment; liberty reserved to the petitioner to seek further execution if actual financial benefits are not passed on within a reasonable time; pending miscellaneous applications disposed of accordingly. ¶12

Nisha Kumari Vs State of Hp and Anr. — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

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Outcome

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Issue for consideration

Whether the petitioner is obtaining, through execution, regularization of her services from the initial date of her contract appointment together with the actual financial benefits arising from the earlier adjudication.

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Ratio / Principle

In view of the Competent Authority's order regularizing the petitioner's services from the initial date of her contract appointment and ordering actual benefits from the date of adjudication, these execution proceedings are closed.

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Key takeaways

Liberty is reserved to the petitioner to approach the Court for further execution if the actual financial benefits are not passed on to her within some reasonable time.ratio¶12
Pending miscellaneous applications, if any, stand disposed of accordingly.ratio¶16

Detailed headnote1 paragraphs

HIGH COURT OF HIMACHAL PRADESH, SHIMLA (2024:HHC:6599) — Execution Petition No. 287 of 2024, decided 08.08.2024 by Justice Ajay Mohan Goel (oral judgment). Nisha Kumari (petitioner, represented by M/s Anjali Soni Verma and Shivani Tegta, Advocates) versus State of Himachal Pradesh and another (represented by Mr. Rupinder Singh, Additional Advocate General). At hearing, the Additional Advocate General placed on record instructions with an order of the Competent Authority regularizing the petitioner's services from the initial date of her appointment on contract basis, with actual benefits ordered from the date of adjudication of the petition. The Court closed the execution proceedings, reserving liberty to the petitioner to approach it for further execution if the actual financial benefits are not passed on within some reasonable time. Pending miscellaneous applications were disposed of accordingly. No statute or precedent is cited and no amount is stated in the judgment.

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2024:HHC:6599

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Execution Petition No. 287 of 2024

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Decided on: 08.08.2024

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Nisha Kumari .…Petitioner

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Versus

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State of Himachal Pradesh and another …Respondents Coram

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The Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

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Whether approved for reporting?¹

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For the petitioner :	M/s Anjali Soni Verma and Shivani Tegta, Advocates.
For the respondents :	Mr. Rupinder Singh, Additional Advocate General.
Ajay Mohan Goel, Judge	(Oral)

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Learned Additional Advocate General has placed on record the instructions, alongwith which the copy of order passed by the Competent Authority has also been annexed, in terms whereof, now the services of the petitioner have been ordered to be regularized from the initial date of her appointment on contract basis and actual benefits have been ordered as from the date of the adjudication of the petition.

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In these view of the matter, these proceedings are closed, but with liberty to the petitioner that if actual financial benefits are not passed on to them within some reasonable time, they may approach the Court for further execution of the same.

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

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2024:HHC:6599

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

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(Ajay Mohan Goel) August 08, 2024 Judge (narender)

Nisha Kumari v. State of Hp and Anr.

Case brief

What is this about?

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Nisha Kumari v. State of Hp and Anr.

Case brief

What is this about?

What did the court decide?

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What the court decided

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