Himachal Pradesh High Court

Shri Sarvesh Kumar vs Unknown on 1 October, 2021

Bench: Ravi Malimath, Justice, Satyen Vaidya

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 1st DAY OF OCTOBER, 2021

BEFORE HON'BLE MR. JUSTICE RAVI MALIMATH,

ACTING CHIEF JUSTICE & HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

Between:

r to CIVIL WRIT PETITION No. 5773 of 2021

1. SHRI SARVESH KUMAR, S/O SHRI MADHU SUDAN, AGED 31 YEARS, R/O VILLAGE DUDAR, POST

OFFICE NARAG, TEHSIL PACHAD, DISTRICT SIRMAUR, (HP), PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-

DIVISION SARAHAN, DIVISION NAHAN, CIRCLE NAHAN, DISTRICT

SIRMAUR (H.P.)

2. SHRI KHEM RAJ, S/O SHRI ROOP LAL, R/O VILLAGE RAMPUR,

POST OFFICE BHUMTI, TEHSIL ARKI, DISTRICT SOLAN, (HP), PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION ARKI, DIVISION ARKI, CIRCLE SOLAN, DISTRICT SOLAN (HP.)

3. SHRI MANOJ KUMAR, S/O SHRI KAMALJIT, R/O VILLAGE PAUNTA, POST OFFICE PAUNTA, TEHSIL SARKAGHAT, DISTRICT MANDI, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-

DIVISION LADHBADHOL, DIVISION CHAUNTRA, CIRCLE

DHARAMPUR, DISTRICT MANDI (H.P.).

4. SHRI RAVINDER KUMAR, S/O SHRI GULJARI LAL, R/O VILLAGE RAMPUR MAJRI, POST OFFICE GIRI

NAGAR, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB- DIVISION MAJRA, DIVISION

PAONTA SAHIB, CIRCLE NAHAN, DISTRICT SIRMAUR (H.P.) SHRI KAPOOR CHAND, S/O SHRI DEVI RAM, RESIDENT OF VILLAGE

LULANI, POST OFFICE DHARER,

TEHSIL BAIJNATH, DISTRICT KANGRA, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION CHADHIAR, DIVISION PALAMPUR, CIRCLE

DHARAMSHALA, DISTRICT KANGRA (H.P.).

6. SHRI PRADEEP KUMAR, S/O SHRI

PREM PRAKASH, R/O VILLAGE BALIANA, POST OFFICE LAG BALIANA, TEHSIL DEHRA, DISTRICT

KANGARA (HP) PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION THURAL, DIVISION

THURAL, CIRCLE DHARAMSHALA, DISTRICT KANGRA, (H.P. )

7. SHRI PANKAJ KUMAR, S/O SHRI TRILOK SINGH, R/O VILLAGE WARD NO-3, SUNNI POST OFFICE SUNNI, TEHSIL SUNNI, DISTRICT SHIMLA, (HP). PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION & DIVISION SUNNI, CIRCLE SHIMLA, DISTRICT SHIMLA (H.P.).

8. SHRI MANJEET SINGH, S/O SHRI RATTI RAM, R/O VILLAGE AND

POST OFFICE BADGAON, TEHSIL

JHANDUTTA, DISTRICT BILASPUR, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-

DIVISION MEHARAN, DIVISION BARSAR, CIRCLE HAMIRPUR, DISTRICT HAMIRPUR (H.P.)

9. SHRI DIMPLE KUMAR, S/O SHRI SUKH RAM, R/O VILLAGE

KHANDLA, POST OFFICE KHUMMI, TEHSIL BALH, DISTRICT MANDI, (HP), PRESENTLY WORKING AS PUMP OPERATOR IN

IPH SUB-DIVISION BAGGI, DIVISION

BAGGI-II, CIRCLE SUNDERNAGAR, DISTRICT MANDI (H.P.)

10. SHRI JYOTI PRAKASH, S/O SHRI AMAR NATH, R/O VILLAGE

SAKOHAN, POST OFFICE BALH, TEHSIL BANGANA, DISTRICT UNA, (HP)., PRESENTLY WORKING AS

PUMP OPERATOR IN IPH SUB- DIVISION BANGANA, DIVISION UNA-II, CIRCLE UNA, DISTRICT

UNA (H.P.)

11. SHRI VIJAY KUMAR, S/O SHRI JAGDEV SINGH, R/O VILLAGE AND

POST OFFICE INDORA, TEHSIL AMB, DISTRICT UNA, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION GAGRET, DIVISION GAGRET, CIRCLE UNA, DISTRICT UNA (H.P.).

12. SHRI SUNIL KUMAR, S/O SHRI SHUBH KARAN, R/O VILLAGE KANED, POST OFFICE GHIANA KALAN, TEHSIL DHARAMSHALA, DISTRICT KANGRA, (HP), PRESENTLY WORKING AS PUMP OPERATOR IN

IPH SUB-DIVISION BHARWAIN, DIVISION AMB,

CIRCLE UNA, DISTRICT UNA (H.P.)

13. SHRI ANIL KUMAR, S/O SHRI RANJIT SINGH, R/O VILLAGE AND POST OFFICE JAWAL, TEHSIL AMB,

DISTRICT UNA, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION DAULATPUR, DIVISION GAGRET, CIRCLE UNA, DISTRICT UNA

(H.P.).

14. SHRI AJAY KUMAR, S/O SHRI SURESH KUMAR, R/O VILLAGE AND POST OFFICE SHUSH, TEHSIL AANI, DISTRICT r KULLU, (HP).,

PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION KURIALA, DIVISION UNA, CIRCLE UNA, DISTRICT UNA (H.P.).

15. SHRI SANDEEP KUMAR, S/O SHRI RAM

LAL, R/O WARD NO-5, VILLAGE NARI CHINTPURNI, PO SAMNOLI, TEHSIL AMB,

DISTRICT UNA (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION BHARWAIN,

DIVISION AMB, CIRCLE UNA, DISTRICT UNA (H.P.).

16. SHRI NARENDER KUMAR, S/O SHRI

SOHAN LAL, R/O VILLAGE SAI, POST OFFICE JUGAHAN, TEHSIL SUNDERNAGAR, DISTRICT MANDI, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION KANAID, DIVISION SUNDERNAGAR, CIRCLE SUNDERNAGAR, DISTRICT MANDI (H.P.).

17. SHRI ASHWANI KUMAR, S/O SHRI RAVINDER KUMAR, R/O VILLAGE GARH, POST OFFICE

PARAGPUR, TEHSIL DEHRA, DISTRICT KANGRA, (HP)., PRESENTLY

WORKING AS PUMP OPERATOR IN

IPH SUB-DIVISION RAKKAR, DIVISION PARAGPUR, CIRCLE DHARAMSHALA, DISTRICT KANGRA

(H.P.).

18. SHRI RAJESH, S/O SHRI ISHWAR DASS, R/O VILLAGE & POST OFFICE TANG NARWANA, TEHSIL DHARAMSHALA, DISTRICT

KANGRA, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION DHARAMSHALA, DIVISION & CIRCLE DHARAMSHALA,

DISTRICT KANGRA, (H.P.)

19. SHRI DEVI DASS, SO SHRI CHUNI LAL, R/O VILLAGE KUTHAR, POST OFFICE KALHOD, TEHSIL NALH, DISTRICT MANDI, (HP), PRESENTLY WORKING AS PUMP

OPERATOR IN IPH SUB-DIVISION BALDWARA, DIVISION SARKAGHAT, CIRCLE DHARAMPUR, DISTRICT

MANDI (H.P.)

20. SHRI OM PRAKASH, S/O SHRI BAL KRISHAN, R/O VILLAGE

DABAR, POST OFFICE DURAHA, TEHSIL NIRMAND, DISTRICT KULLU, (HP)., PRESENTLY WORKING

AS PUMP OPERATOR IN IPH SUB-DIVISION NIRMAND, DIVISION ANI, CIRCLE KULLU, DISTRICT KULLU (H.P.).

21. SHRI GAURI SHANKAR, S/O SHRI BIHARI LAL, R/O VILLAGE BHATWAR, POST OFFICE SADIANA, TEHSIL SADAR, DISTRICT MANDI, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION SAIGLOO, DIVISION MANDI, CIRCLE

SUNDERNAGAR, DISTRICT MANDI (H.P.).

22. SHRI SUNNY KUMAR, S/O LATE SHRI

AJAY KUMAR, R/O VILLAGE THARI, POST OFFICE SUBATHU, TEHSIL & DISTRICT

SOLAN, (HP), PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION SUBATHU, DIVISION ARKI, CIRCLE SOLAN, DISTRICT SOLAN (H.P.).

23. SHRI ROOP SINGH, S/O SHRI PRAMOD SINGH, R/O VILLAGE BANGARH, POST OFFICE JAKHERA, TEHSIL & DISTRICT UNA,

(HP)., PRESENTLY WORKING AS

PUMP OPERATOR IN IPH SUB- DIVISION MEHATPUR BASEHRA, DIVISION UNA, CIRCLE UNA, DISTRICT UNA (H.P.).

24. SHRI MANISH, S/O SHRI VIJAY

KUMAR, R/O VILLAGE AND POST OFFICE AMLELA, TEHSIL JAWALI, DISTRICT KANGRA (HP).,

PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION JAWALI, DIVISION JAWALI, CIRCLE

NURPUR, DISTRICT KANGRA- (H.P.).

25. SHRI BALBIR SINGH, S/O SHRI RAI

SINGH, R/O VILLAGE PURKHER, POST OFFICE NADOLI, TEHSIL JAWALI, DISTRICT KANGRA, (HP), PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-DIVISION JAWALI, DIVISION JAWALI, CIRCLE NURPUR, DISTRICT KANGRA (H.P.).

26. SHRI SHASHI KAPOOR, S/O SHRI JAI KARAN, R/O VILLAGE MEHTIYARI, POST OFFICE KATHLA, TEHSIL SIHUNTA, DISTRICT

CHAMBA, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN

IPH SUB-DIVISION SIHUNTA, DIVISION

DALHOUSIE, CIRCLE CHAMBA, DISTRICT CHAMBA (H.P.)

27. SHRI ROHIT KUMAR, S/O SHRI PIAR

CHAND, R/O VILLAGE THANA, POST OFFICE DOHAG DEHRIAN, TEHSIL JAWALAMUKHI, DISTRICT KANGRA, (HP)., PRESENTLY WORKING AS PUMP

OPERATOR IN IPH SUB-DIVISION INDORA, DIVISION INDORA, CIRCLE NURPUR, DISTRICT KANGRA (H.P.)

28.

SHRI TILAK RAJ, S/O SHRI CHATRU

RAM, R/O VILLAGE DAPOTA, POST OFFICE KHANI, TEHSIL BHARMOUR, DISTRICT CHAMBA, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH SUB-

DIVISION BHARMOUR, DIVISION BHARMOUR, CIRCLE CHAMBA, DISTRICT CHAMBA (H.P.).

29. SHRI PRAMOD KUMAR, S/O SHRI KARTAR SINGH, R/O MATRAT NIWAS SARMALA, POST OFFICE &

TEHSIL ROHRU, DISTRICT SHIMLA, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN

IPH, CIRCLE ROHRU, DISTRICT SHIMLA (H.P.).

30. SHRI CHAMAN LAL, S/O SHRI BALAK RAM, R/O VILLAGE & POST OFFICE DEOTH, TEHSIL SADAR, DISTRICT BILASPUR, (HP)., PRESENTLY WORKING AS PUMP OPERATOR IN IPH CIRCLE BILASPUR, DISTRICT BILASPUR (H.P.).

31. SHRI VIJAY KUMAR, S/O SHRI BIKA RAM, R/O VILLAGE & POST

OFFICE BANI, TEHSIL BARSAR CHAMYOLA (32/10), DISTRICT

HAMIRPUR, (HP)., PRESENTLY

WORKING AS PUMP OPERATOR IN IPH CIRCLE HAMIRPUR, DISTRICT HAMIRPUR (H.P.).

...PETITIONERS

(BY MR. ONKAR JAIRATH, ADVOCATE)

AND

1. THE STATE OF H.P. THROUGH ADDITIONAL CHIEF SECRETARY (JAL

SHAKTI VIBHAG) TO THE

GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. THE ENGINEER-IN-CHIEF, JAL SHAKTI VIBHAG, JAL SHAKTI BHAWAN

SHIMLA-5.

3. THE HIMACHAL PRADESH STAFF SELECTION COMMISSION HAMIRPUR, DISTRICT HAMIRPUR

HIMACHAL PRADESH, 177001 THROUGH ITS SECRETARY.

...RESPONDENTS

(MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. RANJAN SHARMA AND MS. RITTA GOSWAMI, ADDITIONAL ADVOCATES GENERAL, FOR R-1 & R-2, MR. SANJEEV KUMAR MOTTA, ADVOCATE, FOR R-3.) ____________________________________________________

This petition coming on for admission this day,

Hon'ble Mr. Justice Ravi Malimath, passed the following:

ORDER

After arguing the matter, at length, learned counsel

for the petitioners submits that the petitioners would be satisfied

if a direction is issued to the State to consider the cases of the

writ petitioners in the light of the judgment of the Hon'ble

Supreme Court in Civil Appeal Nos. 429-430 of 2021, titled as

Anmol Kumar Tiwari & others versus the State of Jharkhand &

others, decided on 18th February, 2021 and also in view of the

fact that there are various vacancies available wherein the

petitioners could be accommodated, keeping in view their