2024:HHC:12841
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.10260 of 2024
Decided on: 30th November, 2024
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Nasib Singh …..Petitioner
Versus
State of H.P. and another .....Respondents
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Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?1
For the Petitioner: Mr. Mukesh Thakur, Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General
with Mr. Y.P.S. Dhaulta, Additional
Advocate General, for respondent No.1.
Mr. Prashant Sharma, Advocate, for
respondent No.2.
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Jyotsna Rewal Dua, Judge
Notice. Mr. Y.P.S. Dhaulta, learned Additional
Advocate General and Mr. Prashant Sharma, learned
counsel, appear and waive service of notice on behalf of
respondents No.1 and 2, respectively.
2. With the consent of learned counsel for the
parties, the matter is heard at this stage.
3. The writ petition has been filed for the grant of
following substantive reliefs:-
“(i) That a writ in the nature of mandamus may kindly be
issued to the respondents, directing them to grant
seniority to the petitioner, by counting the entire service
1
Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
2024:HHC:12841
rendered by the petitioner on contract basis, from the
date of his initial contractual appointment, with all
consequential benefits, and to consider the case of the
petitioner for next promotion when due, prior to the
incumbents who have earlier been wrongly promoted
before the petitioner by revising the seniority
accordingly, in terms of the judgment passed by this
Hon'ble in CWP No. 2004/2017 titled as Taj
Mohammad v/s State of H.P.
(ii) That further mandamus may kindly be issued to the
respondents by directing the respondents to count, the
entire contract service of the petitioner, for the purpose
of annual increments, re-fixation of pay, arrears on that
account, pension and all other consequential service
benefits, in terms of the judgment passed by this
Hon'ble in CWP No.2004/2017 titled as Taj Mohammad
v/s State of H.P.
(iii) Issue a writ of mandamus directing the respondents to
release the entire consequential benefits along with
interest @ 9% per annum from the date of his
appointment till the date of realization.”
4. Learned counsel for the petitioner submitted
that the case of the petitioner and the reliefs prayed for by
him have already been considered & adjudicated upon by
this Court in Sh. Taj Mohammad and others Versus The
State of Himachal Pradesh and others2. Learned
counsel for the petitioner also submits that the
representation dated 20.01.2024 (Annexure P-3) preferred
by the petitioner for claiming the above reliefs is pending
consideration with respondent No.2. Learned counsel
further submits that the petitioner would be content in case
respondent No.2/competent authority is directed to decide
the aforesaid representation within a fixed time schedule.
2
CWP No.2004 of 2017, decided alongwith connected matter on 03.08.2023
3
2024:HHC:12841
Learned Additional Advocate General and learned counsel
appearing for respondent No.2 submit that the respondents
are not averse to consider the case of the petitioner in light
of the aforesaid judgment, however, all rights and
contentions of the parties be left open for decision.
5. Having regard to the afore-submissions, but
without examining the merits of the matter, this writ
petition is disposed of with a direction to respondent
No.2/competent authority to consider and decide the
aforesaid representation dated 20.01.2024 (Annexure P-3)
of the petitioner in accordance with law as well as taking
into consideration the above judgment in the case of Taj
Mohammad2 within a period of six weeks from today. The
decision so arrived at shall also be communicated to the
petitioner.
It is clarified that all rights and contentions of
the parties are left open.
The writ petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua
November 30, 2024 Judge
Mukesh