IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 88/2011 Decided on:20.10.2011 _____________________________________________ State of H.P. and another. …Appellants. Versus Hukam Chand. …Respondent. ________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the Appellants : Mr. Ankush Dass Sood, Addl. A.G. with Mr. J.K. Verma, Dy. A.G. For the Respondent : Mr. Ramakant Sharma, Advocate. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). This Letters Patent Appeal has been preferred by the appellant against the judgment dated 21.12.2010 of the learned Single Judge rendered in CWP (T) No. 8960/2008. 2. Respondent has filed original application before the learned erstwhile Administrative Tribunal seeking direction to the appellants to regularize him as Cook from due date. The original application was converted into CWP (T) No.8960/2008 and the same was allowed by the leaned Single Judge. Appellant-State was directed to consider the case of the respondent for grant of 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 status of contingent/whole time Cook w.e.f. 1.1.1990 and thereafter regularize his services w.e.f. 1.1.1998 alongwith consequential benefits, within a period of three months from production of copy of judgment. Hence, the present Letters Patent Appeal. 3. Mr. Ankush Dass Sood, learned Additional Advocate General has argued that there was no sanctioned post available against which respondent could be regularized with effect from 1.1.1998. 4. Appellant-State was directed to produce the record. We have perused the record. According to the record perused, many vacancies were lying vacant in the year 1998. Thus, respondent could be considered against the post lying vacant in the year 1998. However, the fact of the matter is that respondent has been regularized with effect from 14.9.2006 instead of 1.1.1998. 5. Since the vacancies were available in the year 1998, the present Letters Patent Appeal is disposed of with a direction to the appellant-State to consider the case of the respondent for regularization with effect from 1.1.1998, as ordered by the learned Single Judge. However, the respondent shall only be entitled to monetary and other benefits from the date of filing of the 3 original application. The period with effect from 1.1.1998 to 2006 shall be counted for the purpose of seniority and pension alone. No costs. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 20.10.2011 *awasthi*