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    UPASANA KUMARI AND OTHERS v. STATE OF HP AND ANOTHER

    H

    ig h Co ur t o f H

    .P

    .

    IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

    CWP No. 1640 of 2024

    Date of Decision : 06.03.2024

    ________________________________________________

    Upasana Kumari & Ors. ...Petitioners Versus

    State of Himachal Pradesh & Another … Respondents _______________________________________________ Coram:

    The Hon'ble Mr. Justice Satyen Vaidya, Judge.

    Whether approved for reporting?1 ________________________________________________ For the petitioners : Mr. Naveen Pathania, Advocate.

    For the respondents : Mr. Anup Rattan, Advocate General with Mr. Ramakant

    Sharma, Mr. Aman Deep Sharma

    and Mr. Mohinder Zharaick,

    Additional Advocates General.

    ________________________________________________

    Satyen Vaidya, Judge (Oral):

    Notice. Learned Additional Advocate General accepts notice on behalf of the respondents.

    2. By way of instant petition, the petitioners have prayed for following substantive reliefs:-

    "a) That the order dated 21.02.2009, 14.11.2008,

    14.11.2008, 25.11.2008, 14.11.2008,

    14.11.2008, 28.05.2009, 28.05.2009,

    14.11.2008, 14.11.2008 at Annexure P-1 may kindly be quashed and set aside to the extent

    1 Whether reports of Local Papers may be allowed to see the judgment? Yes.

    1

    2

    that the petitioners have been given appointment on regular basis at TGT (Non Medical) instead of contract basis with all consequential benefits including pay fixation, seniority, promotion etc. and the arrears accrued thereunder may kindly be ordered to be paid with interest of 9% per annum in the interest of justice.

    b) That the common office order dated 22.06.2015 Annexure P-2 may kindly be quashed and set aside to the extent that the services of the petitioner as TGT (Non Medical) may be regularized from the date of their initial appointment i.e. 21.02.2009, 14.11.2008,

    14.11.2008, 25.11.2008, 14.11.2008,

    14.11.2008, 26.05.2009, 28.05.2009,

    14.11.2008, 14.11.2008 and 11.06.2009 with all consequential benefits including seniority, promotion etc. in the interest of justice.

    c) That the respondents may kindly be directed to issue fresh appointment letter to the petitioner to the post of TGT (Non Medical) may be regularized from the date of their initial appointment i.e. 21.02.2009, 14.11.2008,

    14.11.2008, 25.11.2008, 14.11.2008,

    14.11.2008, 26.05.2009, 28.05.2009,

    14.11.2008, 14.11.2008 and 11.06.2009 with all consequential benefits including seniority, promotion etc. in the interest of justice."

    3. At the very outset, learned counsel for the petitioners has submitted that the subject matter of instant petition is

    3

    squarely covered by a judgment passed by a Devision Bench of this Court on 04.10.2019 in LPA No. 21 of 2013, titled as State of H.P. & Ors. vs. Ravinder Kumar, along with connected matters. He further submits that the judgment passed in LPA No.21 of 2013 has already been implemented by the State Government.

    4. He submits that the petitioners in the instant petition shall be satisfied, at this stage, in case time bound directions are issued to respondent No.2 to consider and decide the case of the petitioners in light of judgment passed by the Division Bench of this Court in LPA No. 21 of 2013.

    5. Prayer being innocuous is not opposed.

    5. Accordingly, the instant petition is disposed of with direction to respondent No.2 to consider and decide the case of the petitioners within eight weeks from today strictly in terms of the judgment passed by the Division Bench of this Court on 04.10.2019 in LPA No. 21 of 2013, titled as State of H.P. & Ors. vs. Ravinder Kumar, along with connected matters, by passing a detailed and reasoned order. Needless to say that in case the petitioners are found entitled to the benefits of aforesaid judgment, they shall be granted all similar benefits as have been

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    granted to the beneficiaries of judgment passed in LPA No.21 of 2013 within six weeks thereafter. It is clarified that monetary benefits, if any, available to the petitioners shall be restricted to a period of three years only immediately preceding the date of filing of instant petition.

    Pending applications, if any, also stand disposed of.

    (Satyen Vaidya) Judge

    March 06, 2024

    (reena)

    5

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    UPASANA KUMARI AND OTHERS v. STATE OF HP AND ANOTHER
    (Mar 6, 2024)