High CourtsSingle Bench(2021) 04 SHI CK 0178

Parminder Singh And Another vs State Of H.P. And Others

High Court Of Himachal Pradesh · Decided on 19 April 2021

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
CWPOA No. 3732 Of 2020

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Judgment

6 paragraphs · 269 words

Sandeep Sharma, J

1.

By way of present petition, petitioner has prayed for the following main relief(s):

"a. That the respondents may be ordered to regularize the services of the applicants from the dates they completed 8 years service with all the benefits incidental thereof."

2.

Having heard learned counsel for the parties and perused the material available on record, this Court finds that the issue raised in the petition at hand stands already adjudicated by Hon'ble Division Bench of this Court in CWP No. 3111 of 2016, titled State of HP and Ors. vs. Ashwani Kumar, decided on 10.5.2018, which has been upheld by Hon'ble Apex Court in Civil Appeal No. 5753 of 2019, decided on July 22, 2019, wherein Hon'ble Apex Court, while upholding judgment of Hon'ble Division Bench, has clarified that though the petitioner would be entitled for conferment of work charge status with effect from 1.1.2003, but he would be entitled to notional benefits. Learned Counsel appearing for the petitioners, on instructions, states that the petitioners would not claim any financial benefits, if their prayer for regularisation on completion of eight years is accepted.

3.

Consequently, in view of above, present petition is disposed of with a direction to the respondents to decide the case of the petitioners in light of the judgment in Ashwani Kumar (supra), which has attained finality, expeditiously, preferably within four weeks, and if the petitioners are found to be similarly situate to that of Ashwani Kumar (supra), consequential benefits be granted to them, within another four weeks.

4.

Petition stands disposed of in the aforesaid terms, alongwith all pending applications.