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Ramesh Chand vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 24 August 2023 · Citation: (2023) 08 SHI CK 0128

HON’BLE JUDGES
Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 5763 Of 2023
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Judgment

8 paragraphs · 375 words

Jyotsna Rewal Dua, J

1.

Notice. Ms. Seema Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

2.

Heard.

3.

The petitioner has filed the present petition for the grant of following substantive relief: -

“(i) That the respondent department my kindly be directed to grant daily waged status with effect from due date, i.e. immediate after the completion of 10 years of continuous services on part time basis as per the policy prevalent at that relevant time and thereafter regularization as Peon-cum-Chowkidar with effect from the due date with all consequential benefits as per the policy framed by the State Government for regularization of daily waged employee prevalent at that relevant time, in view of the judgment dated 12.12.2011, Annexure P-6, passed by this Hon’ble Court in CWP No.3310/2010 tilted as Smt. Leela Devi Versus State of H.P. and others and other connected matters, judgment dated 09.04.2015, Annexure P-7 passed by this Hon’ble Court in CWP No.5383/20-14 titled as Batti Devi and others Vs. State of H.P. and others, and in view of judgment dated 08.10.2020, passed by this Hon’ble Court in CWPOA No.229/2020 titled as Kundan Singh and others Vs. State of H.P. and others, Annexure P-8, issuing a writ mandamus.”

4.

Learned counsel for the petitioner submitted that the relief prayed for by the petitioner is covered by the decision dated 09.04.2015, rendered in CWP No. 5383 of 2014 ( Batti Devi and others Versus State of H.P. & others and the connected matters). Learned counsel for the petitioner states that the petitioner would be content if the case of the petitioner is considered by the respondents in light of the aforesaid judgment. Learned Deputy Advocate General has no objection to this prayer.

5.

Having regard to above submissions and without examining the merits of the matter, this petition is disposed of by directing the respondents to consider the case of the petitioner in light of the aforesaid judgment and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of copy of this order. The decision so arrived at, shall also be communicated to the petitioner.

Pending miscellaneous application(s), if any, also to stand disposed of.