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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA
Shailja Sharma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petitions consolidated; petitioners regularized after 2016 contract appointment. (Para 1 , 2 , 3 , 4) |
| 2. petitioners qualified under in-service quota per prospectus. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. study leave denied for lacking five years regular service. (Para 13 , 14 , 15 , 16 , 17) |
| 4. prospectus counts contract service for five years eligibility. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 5. regularization entitles benefits from initial contract date. (Para 26) |
| 6. supreme court judgments binding under articles 141, 144. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 7. contract service counts for study leave per precedent. (Para 34 , 35 , 36 , 37) |
| 8. direct noc and admission against vacant seats. (Para 38 , 39 , 40 , 41) |
JUDGMENT :
Vivek Singh Thakur, J.
Issue involved in both these petitions is identical in nature, which is to be adjudicated on the basis of common question of facts and law and, therefore, these are being decided by this common judgment.
2. At the very outset, learned counsel for the petitioners submit that for the purpose of adjudication of their claims in present petitions, they are not pressing first prayer made in Clause (1) of the prayer for decla
Contract service before regularization counts as part of minimum five years service for in-service quota admission and study leave entitlement under prospectus and CCS Leave Rules, per binding preced....
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The court emphasized that administrative decisions must be reasoned, and the absence of a speaking order invalidates the denial of study leave under the CCS Rules.
The denial of study leave to the petitioners was found to be unfair, and the court emphasized the importance of following the prescribed time schedule for admission to medical courses.
The decision to grant study leave to government servants is not a matter of right and must be considered in light of the exigencies of public service, as per Rule 50 of the Central Civil Services (Le....
Study leave is not a matter of right and its grant is dependent on organizational needs and statutory criteria.
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