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Man Singh v. STATE OF HP

Himachal Pradesh High Court
Oct 13, 2022

H

ig h Co ur t o f H

.P

. IN THE HIGH COURT OF HIMACHAL PRADESH,

SHIMLA

ON THE 13th DAY OF OCTOBER, 2022

BEFORE

HON'BLE MR. JUSTICE AJAY MOHAN GOEL

CIVIL WRIT PETITION (ORIGINAL APPLICATION)

No.1541 of 2019

Between:

1.SH.MAN SINGH S/O SH. RAI

SINGH R/O VILLAGE

SARAHAN, POST OFFICE,

BANETHI, TEHSIL NAHAN,

DISTRICT SIRMOUR,

HIMACHAL PRADESH.

2. SH. LOKINDER SINGH S/O GAJPAL SINGH R/O BALI

NIWAS, NAHAN, TEHSIL,

NAHAN, DISTRICT SIRMOUR,

HIMACHAL PRADESH.

….PETITIONERS.

(BY. MR. DEVENDER SHARMA, ADVOCAT

E, VICE MR. CHANDRANARAYANA SINGH, ADVOCATE)

AND

1. STATE OF HIMACHAL

PRADESH, THROUGH

SECRETARY (FOREST) TO

THE GOVT. OF HIMACHAL

PRADESH, SHIMLA.

2. THE CHIEF

CONSERVATOR OF FOREST,

FOREST DEPARTMENT,

TALLAND, DISTRICT

SHIMLA, (HP).

3.CHIEF PROJECT

DIRECTOR, (H.P. MID

1

2

HIMALAYAN WATERSHED

DEVELOPMENT PROJECT)

SOLAN, DISTRICT SOLAN,

HIMACHAL PRADESH.

4. DIVISIONAL FOREST

OFFICER, FOREST

DIVISION, NAHAN, DISTRICT

SIRMOUR, (HP).

5. REGIONAL PROJECT

DIRECTOR, H.P. MID

HIMALAYAN WATERSHED

DEVELOPMENT PROJECT,

BILASPUR, DISTRICT

BILASPUR, HIMACHAL

PRADESH.

6. DIVISIONAL WATERSHED

DEVELOPMENT OFFICER,

H.P. MID HIMALAYAN

WATERSHED

DEVELOPMENT PROJECT,

NAHAN, DISTRICT SIRMAUR,

HIMACHAL PRADESH.

….RESPONDENTS. (M/S SUMESH RAJ, DINESH THAKUR, SANJEEV SOOD,

ADDITIONAL ADVOCATES GENERAL, WITH MR. AMIT

KUMAR DHUMAL, DEPUTY ADVOCATE GENERAL)

Whether approved for reporting?1 No

This petition coming on for hearing this day, the Court passed the following:

J U D G M E N T

By way of this petition, the petitioners have prayed for the following reliefs:-

1

3

"i) Issue a writ of Mandamus or other appropriate writ order or direction directing the respondents to grant the work charge status after completion of eight years of regular daily wage service i.e. 1.1.2003 and regularized the service of petitioners with all consequential benefits.

ii) Issue a writ of Mandamus or other appropriate writ order or direction directing the respondents, to regularize the service of petitioner after completion of eight years of regular daily wage service by observing the petitioner permanently in the department as as done in the past."

2. When the case was taken up for consideration, learned counsel for the petitioners has submitted that the matter is now squarely covered by judgment dated 06.09.2022, passed by the Hon'ble Coordinate Bench of this Court, in CWPOA No.3562 of 2019, titled Sh. Sant Ram & another Versus State of Himachal Pradesh through Secretary (Forest) to the Govt. of Himachal Pradesh & others and therefore, this writ petition be disposed of by issuing the directions akin to the one passed by the Hon'ble Coordinate Bench in Paras-21 and 22 thereof.

3. Though, the matter being covered by the judgment relied upon by learned counsel for the petitioners has not been disputed by the State, but learned Additional Advocate General has submitted that the present petition be disposed of with the observation that this will be subject to legal rights of the State to assail the judgment

4

of the Hon'ble Coordinate Bench as also the judgment which is being passed in the present case. Ordered accordingly.

4. This Writ Petition is disposed of, by directing the respondents to grant the work-charge-status to the petitioners on completion of eight years of continuous daily wage service, commencing from the date of their initial engagement and further to regularize the services of the petitioners with all consequential benefits at par with similarly situated persons in other Departments of the State Government. It is further clarified that the petitioners are entitled for monitory benefits from the period commencing three years before the filing of the present petition. This of course is without prejudice to the right of the State either to assail the judgment of the Hon'ble Coordinate Bench or the present judgment which has been passed by placing reliance upon the judgment of the Hon'ble Coordinate Bench referred to above. Pending miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel) Judge

October 13, 2022 (Rishi)