Krishan Chand vs State Of H.P. And Others

Jyotsna Rewal Dua, J

CMP No.6754 of 2023

Allowed and disposed of.

CWP No.7402 of 2022

With consent of learned counsel for the parties, the matter is heard at this stage.

This writ petition has been filed for the grant of following substantive relief:-

“A. That a writ in the certiorari or any other appropriate order or direction may kindly be issued quashing the impugned order dated 27.04.2022 (Annexure P-8) being patently illegal and arbitrary.

B. That the respondents may kindly be directed to confer the work charge status upon the petitioner /regularization of his service immediately after completion of eight years continuous service on daily wage basis i.e., on and w.e.f. 01.07.2001 in terms of regularization policy framed by the Respondent state with all consequential benefits.

C. That the respondent may kindly be directed to re-fix the pay of the Petitioner w.e.f. 01.07.2001 after conferment of work charge status upon the petitioner/regularization of his service i.e., immediately after completion of eight years’ continuous service on daily wage basis and to pay arrears thereof along with interest @ 12% per annum with further directions to the respondents to re fix the seniority of the petitioner accordingly.”

During hearing of the case, learned vice counsel appearing for the petitioner submitted that the case of the petitioner is squarely covered by the judgment dated 12. 1.2023 passed in LPA No.165 of 2021 (State of HP and others vs. Surajmani & another and the connected matters) . Learned vice counsel further submitted that the petitioner would be content in case a direction is issued to the respondents/competent authority to consider and decide the case of the petitioner for redressal of his grievances raised in the writ petition in light of the aforesaid judgment within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer.

Having regard to the afore-submissions, but without examining the merits of the matter and notwithstanding the office order dated 27.04.2022 (Annexure P-8), this writ petition is disposed of by directing the respondents/competent authority to consider and decide the case of the petitioner afresh for redressal of his grievances raised in the writ petition, in accordance with law and taking into consideration the above judgment in the case of Surajmani, supra, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.