Research › Search › Judgment

Himachal Pradesh High Court · body

2014 DIGILAW 1533 (HP)

Ashwani Kumar v. Himachal Pradesh State Electricity Board

2014-10-30

DHARAM CHAND CHAUDHARY, MANSOOR AHMAD MIR

body2014
JUDGMENT : Mansoor Ahmad Mir, J. Petitioners have sought writ of mandamus commanding the respondents to consider them as having been appointed on regular basis from the dates of their appointment on contractual basis and to pay all emoluments to the petitioners to which they are entitled as regular employees, on the grounds taken in the memo of respective writ petitions. 2. Learned counsel for the petitioners stated that State has already complied with the mandate of the Apex Court judgments and the Rules occupying the field as per the averments contained in the writ petitions but only the Electricity Board has wrongly made appointment of the handicapped candidates/persons on contract basis, which is not in tune with the judgments of the Apex Court and this Court. 3. Learned counsel for the petitioners has placed reliance on the judgments rendered by the Apex Court in the case tiled as Union of India & Anr. versus National Federation of the Blind & Ors., reported in (2013) 10 SCC 772 ; Union of India and others versus National Confederation for Development of Disabled and Anr., being SLP (C) No. 13344 of 2014, decided on 12th September, 2014; and by this Court in CWP No. 192 of 2004, titled as Ankush Dass Sood versus State of H.P. and others, decided on 22nd June, 2007. 4. On the last date of hearing, Mr. Satyen Vaidya, Advocate, was asked to seek instructions. He has sought instructions and stated that it is a fact that the respondents have not complied with the mandate of law. 5. Keeping in view the averments contained in the writ petition, the law laid down by the Apex Court and this Court read with the mandate of granting reservation to the handicapped persons/candidates, we deem it proper to direct the respondents to consider the case of the petitioners in light of the judgments (supra), make a decision and pass follow up orders within eight weeks enabling them to reap all the fruits. 6. The writ petitions are disposed of, as indicated hereinabove, along with all pending applications. Copy dasti.