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(2024) Law Today Live Doc. Id. 19608 = 2024 :HHC: 9464
Decided on: 01.10.2024
For the appellant:
Mr. Sat Prakash, Advocate
For respondents:
Mr. Raman Jamalta, Advocate.
Constitution of India, Article 14 – Contractual employee -- Regularization of service -- Petitioner was appointed as a Driver in 2005 on contract basis -- Service of the petitioner was regularized in the year, 2012 -- Petitioner held entitled to regularization from the date of completion of one year contractual service after initial appointment, with all consequential benefits from the due date. Covered matter, Vikram Singh’s case 2023 :HHC: 13114 = (2023) Law Today Live Doc. Id. 19595.
(Para 7)
Cases referred:
1. Vikram Singh vs. Himachal Road Transport Corporation, CWPOA No.2343 of 2020 along with connected matters dated 09.11.2023.
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BIPIN CHANDER NEGI, J. (ORAL) –
The petitioner has filed the present petition, seeking following substantive reliefs:
i) That the respondents may kindly be directed to regularize the services of the petitioner from his initial date of appointment i.e w.e.f 24.05.2005, with all consequential benefits, along with upto date interest.
ii) That or in alternative, the respondent corporation may kindly be directed to regularize the services of the petitioner immediately after one year I.e in 2006, by modifying regularization order dated 29.01.2013 with all consequential benefits.
2. Petitioner in the present case was appointed as a Driver in the year, 2005 on contract basis. The service of the petitioner was regularized in the year, 2012.
3. Learned counsel for the petitioner has placed reliance upon the judgment dated 09.11.2023, passed in CWPOA No.2343 of 2020, titled Vikram Singh vs. Himachal Road Transport Corporation, along with connected matters.
4. According to learned counsel for the petitioner, the case of the petitioner is squarely covered by the judgment referred supra.
5. Learned counsel for the respondent-Corporation fairly submits that the case of the present petitioner is squarely covered by the judgment relied upon by the present petitioner in Vikram Singh’s case(supra)
6. Accordingly, the petitioner is held entitled to regularization from the date of completion of one year contractual service after initial appointment, with all consequential benefits from the due date.
7. The consequential benefits of the same shall be paid to the petitioner, on or before 28.02.2025, failing which the respondent/Corporation shall also be liable to pay interest thereon @ 6% per annum.
8. Petition is allowed in the aforesaid terms, so also, pending miscellaneous application(s) if any.
Petition allowed.
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