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2024-05-23T130632.034

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36 views3 pages

2024-05-23T130632.034

Ltc

Uploaded by

sharmachandermani2
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.4376 of 2024


Decided on: 22nd May, 2024

.
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

.P
Amit Khan &Ors …..Petitioners

Versus

H
State of Himachal Pradesh & Ors. .....Respondents
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

of
Coram

Ms. Justice Jyotsna Rewal Dua


rt
Whether approved for reporting?1
ou
For the Petitioners: Mr. Bhim Raj Sharma, Advocate.

For the Respondents: Mr. R.S. Verma and Mr. L.N. Sharma,
Additional Advocates General, for the
C

respondents.
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Jyotsna Rewal Dua, Judge
h

Notice. Mr. R.S. Verma, learned Additional


ig

Advocate General, appears and waives service of notice on

behalf of the respondent.


H

2. This writ petition has been filed for the grant of

following substantive reliefs:­

“i) That the respondents may very kindly be directed to


count the services of the petitioners rendered on
contract basis with effect from 24.10.2019, 18.10.2019
to 01.04.2022 for the purpose of seniority, final
increments and all other consequential benefits
including the higher pay grade, arising therefrom, in
terms of the judgment passed by this Hon’ble Apex
1
Whether reporters of print and electronic media may be allowed to see the order? Yes.

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2

Court in Direct Recruit Case as well as by this Hon’ble


Court in CWP No.2004/2017 titled as Taj Mohammad
Vs. State of H.P. Decided on 03.08.2023 (Annexure P­3).

3. Learned counsel for the petitioners submitted

.
that the issue raised by the petitioners in this writ petition

.P
has already been adjudicated upon in CWP No.2004 of

H
2017 (Taj Mohammad and others Versus The State of

Himachal Pradesh and others), decided alongwith

of
connected matter on 03.08.2023. Learned counsel further

submits that the petitioners would be content in case a


rt
direction is issued to the respondent/competent authority
ou
to consider and decide the respective cases of the

petitioners for redressal of their grievances raised in the


C

writ petition in light of the aforesaid judgment within a

fixed time schedule.


h

Learned Standing Counsel for the respondents


ig

states that the respondents are not averse to consider the


H

respective cases of the petitioners in light of the aforesaid

judgment, however, all rights and contentions of the parties

be left open for decision.

4. Having regard to the afore­submissions, but

without examining the merits of the matter, this writ

petition is disposed of by directing the respondent to

consider and decide the respective cases of the petitioners

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3

for redressal of their grievances raised in the writ petition,

in accordance with law and taking into consideration the

above judgment in the case of Taj Mohammad, supra,

.
within a period of six weeks from today. The decision so

.P
arrived at shall also be communicated to the petitioners.

H
It is clarified that all rights and contentions of

the parties are left open for adjudication by the respondent.

of
The writ petition stands disposed of in the above

terms, so also the pending miscellaneous application(s), if


rt
any.
ou

Jyotsna Rewal Dua


May 22, 2024 Judge
C

rohit
h
ig
H

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