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Man Singh v. STATE OF HP
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.
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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)
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