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Bameshwar Dutt vs State Of H. P And Others

High Court Of Himachal Pradesh · Decided on 23 April 2021 · Citation: (2021) 04 SHI CK 0199

HON’BLE JUDGES
Sureshwar Thakur, J · Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 856 Of 2021
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Judgment

7 paragraphs · 352 words

Sandeep Sharma, J

1.

By way of present petition, the petitioner has prayed for the following main relief(s):-

"(i) That a writ in the nature of Mandamus or any other appropriate writ, order or direction may kindly be issued to the respondents to regularize the services of the petitioner as per the policy of the Government from the due date i.e. on and w.e.f 01.04.2010, the day on which he has completed 8 years' service on Daily wage basis, instead of the year 2013, with all consequential benefits including arrears alongwith interest @ 9% p.a.

(ii) That a writ in the nature of Mandamus or any other appropriate writ, order or direction may kindly be issued to the respondents directing them to release the salary of the petitioner for the months of April, May, June, July and August, 2019 alongwith interest @ 9% p.a."

2.

Learned counsel appearing for the petitioner submits, on instructions, that the petitioner shall be content and satisfied if a direction is issued to the respondents to consider his case in light of the judgments passed in CWP No. 2735 of 2010 titled as Rakesh Kumar versus State of H.P alongwith connected matters on 28.7.2010 and CWP No. 3700 of 2009 titled as Bhag Singh versus State of H.P and others on 13.9.2012. Mr. Ashwani Sharma, learned Additional Advocate General is not averse to aforesaid prayer.

3.

Consequently, without going into the merits of the case, the present petition is disposed of with a direction to the respondents to consider the case of the petitioner in light of judgments (supra), within a period of four weeks from today, and if the petitioner is found to be similarly situate to that of the petitioners in the case(s) supra, consequential benefits be also released in his favour, within four weeks thereafter. Needless to say, opportunity of hearing shall be afforded to the petitioner and a speaking order shall be passed by the authority concerned. Liberty is also reserved to the petitioner to file appropriate proceedings before appropriate Forum, if he still remains aggrieved.

All pending applications stand disposed of accordingly.