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2017 DIGILAW 782 (HP)

H. P. State Forest Development Corporation Ltd. v. Partap

2017-07-10

DHARAM CHAND CHAUDHARY, VIVEK SINGH THAKUR

body2017
Dharam Chand Chaudhary, J. (Oral) Challenge herein is to the judgment dated January 9, 2015 passed by learned Single Judge in CWP No. 1557 of 2014, whereby while placing reliance on the judgment of a Co-ordinate Bench of this Court in CWP No. 6307 of 2011, titled Shri Veer Bahadur vs. State of Himachal Pradesh has disposed of the writ petition with a direction to the respondents to comply with the earlier judgment of this Court in Veer Bahadur’s case supra applicable in mutatis mutandis to the case of the original petitioners (respondents herein) also. 2. The impugned judgment stands implemented. The writ petitioners stand regularized from the due dates. The monetary benefits, however, have not been released to them for the period 2007 to 2011 i.e. up to the date of the order of their regularization. 3. On the strength of the ratio of a recent judgment of the Apex Court in Divisional Manager, Forest Working Division, Nerwa Vs. Dhan Bahadur, Civil Appeal No(s). 5741-5742 of 2017, learned Counsel representing the appellant-Corporation has submitted that the writ petitioners are not entitled to seek full monetary benefits during the period of from 2007 till their regularization in the year 2011 and rather in terms of the judgment of the Apex Court. 4. Mr. Nanda, learned Counsel representing the original petitioners, no doubt, has contended that since the judgment in the case of Veer Bahadur supra relied upon by learned Single Judge in the present case stand implemented, therefore, the writ petitioners are also entitled to all monetary benefits during the period from 2007 till their appointment on regular basis in the year 2011. 5. However, in view of the subsequent development i.e. the judgment of the Apex Court which is a precedent to be followed by all courts in the country, the monetary benefits in the case of the original petitioners also need to be curtailed. Therefore, we dispose of the present appeal with a direction to the appellant-Corporation to pay consequential monetary benefits to the writ petitioners @ Rs.1,00,000/- each within two months from today. The impugned judgment stands modified accordingly and the appeal is finally disposed of. 6. Pending applications, if any, shall also stand disposed of.