DR. UMESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for following substantive reliefs:-

(2.) Brief facts necessary for adjudication of the petition are that petitioner was appointed as Medical Officer in the department of Health, Government of H.P., on contract basis w.e.f. 31/1/1997. His contract employment continued for about ten years, whereafter services of the petitioner were regularized w.e.f. 5/3/2007. Though, the initial appointment of the petitioner was on contract basis, but he was being paid regular pay scale with all allowances admissible to Medical Officers appointed on regular basis. Petitioner was also paid increments at par with regularly appointed Medical Officers. Noticeably, the initial appointment of the petitioner on contract basis was made after undergoing selection process in which he was interviewed by a duly constituted selection committee. As many as thirty-four Medical Officers were appointed on contract basis alongwith petitioner.

(3.) In 2010, petitioner alongwith similarly situated Medical Officers were directed by respondents to switch over to Contributory Pension Scheme, which was introduced, vide notification dtd. 17/8/2006. Petitioner alongwith others approached this Court by way of CWP No. 4799 of 2010, raising challenge to the aforesaid direction of the respondents. By way of an interim order, respondents were restrained from compelling the petitioner to join Contributory Pension Scheme. Finally, CWP No. 4799 of 2010 was decided by a Division Bench of this Court, vide judgment dated 30. 11.2010, in following terms:-