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2016 DIGILAW 884 (HP)

H. P. Khadi & Village Industries Board v. Basir Mohammad

2016-05-23

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2016
JUDGMENT : Mansoor Ahmad Mir, J. 1. This Letters Patent Appeal is directed against the judgment dated 24.3.2015, made by the learned Single Judge of this Court in CWP No. 2551 of 2010 titled Basir Mohammad versus State of H.P. and another, whereby the writ petition filed by the writ petitioner came to be allowed by providing that the petitioner shall be deemed to have been regularized w.e.f. 30.9.2009 with all consequential benefits. It is apt to reproduce para 2 of the said judgment herein:- “2. Ms. Ranjana Parmar, Advocate, submits that the post of Peon have become available w.e.f. 30.9.2009. Consequently, the petitioner shall be deemed to have been regularized w.e.f. 30.9.2009, with all consequential benefits. The monetary benefits be paid within eight weeks from today.” 2. At this stage, the learned counsel for the appellant stated at the Bar that the writ petitioner/respondent herein stands already regularized w.e.f. 20.5.2013. Her statement is taken on record. 3. The only question to be determined in this appeal is-whether the writ petitioner was entitled to regularization w.e.f. 30.9.2009 or from the date he has been regularized. It is the question to be gone into by the respondents while considering his case as per the recommendations Annexures P4 and P5 appended to the writ petition. 4. Let the entire exercise for considering the case of the petitioner, as per the recommendations Annexures P4 and P5, be made within six weeks from today. 5. In case, the petitioner still feels aggrieved, he is at liberty to challenge the consideration order to be made by the respondents, in accordance with law. 6 Having said so, the impugned judgment is modified, as indicated hereinabove and the LPA stands disposed of along with pending applications if any.