LAWS(HPH)-2024-3-21

SATISH KUMAR Vs. HRTC

Decided On March 22, 2024
SATISH KUMAR Appellant
V/S
HRTC Respondents

JUDGEMENT

(1.) Father of the petitioner died in harness on 8/4/2006 while working as a Conductor with respondent-corporation. On 23/1/2007, petitioner submitted his application for being appointed on compassionate ground under Kith and Kin Policy. Respondent-corporation appointed the petitioner as Conductor on contract basis w.e.f. 15/2/2014. Subsequently, his services were regularized as conductor w.e.f. 11/7/2017.

(2.) In Civil Appeal Nos. 1557-1564 of 2019 (arising out of SLP (C) 16158-16165 of 2016), titled as Himachal Road Transport Corporation Vs. Lekh Ram etc., Hon'ble Supreme Court has held that the persons appointed under Kith and Kin Policy shall be entitled to the appointment (Regular or Contract) as per R&P Rules prevalent at the time. In the case of Lekh Ram (supra) the petitioners therein were conferred the benefit of regular appointment instead of contract appointment on the aforesaid principle.

(3.) Prior to 3/8/2006, prevalent R&P Rules in the respondent-corporation for the post of Conductor did not provide for appointment through mode of contract. The only mode available was of regular appointment.