Himachal Pradesh High Court
Sirmaur vs Chamel Singh Vs. State Of H.P. And ... on 7 October, 2021
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7TH DAY OF OCTOBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 1471 OF 2019
BETWEEN:-
SHER SINGH SON OF LATE
SH.JEEWAN SINGH, RESIDENT OF
MAHAT, TEHSIL PAONTA SAHIB,
DISTRICT SIRMAUR, HP,
PRESENTLY WORKING AS DAILY
WAGED BELDAR IN THE OFFICE
OF EXECUTIVE ENGINEER, B&R,
HPPWD, PAONTA SAHIB, DISTRICT
SIRMAUR, HP. ...PETITIONER
(BY SH.SUBHASH SHARMA, ADVOCATE.)
AND
1. STATE OF HP THROUGH
SECRETARY, HPPWD,
GOVERNMENT OF HP,
SHIMLA-2.
2. ENGINEER IN CHIEF, HPPWD, H.P.
SHIMLA
3. SUPERINTENDENT ENGINEER, 12TH
CIRCLE, HPPWD, NAHAN,
DISTRICT SIRMAUR, HP. ...RESPONDENTS
(BY SH.DINESH THAKUR, ADDITIONAL
ADVOCATE GENERAL.)
Whether approved for reporting?
This petition coming on for hearing this day, the Court
delivered the following:
JUDGMENT
Present petition has been filed seeks mainly following
relief:-
"(i) That a writ in the nature of mandamus may kindly be issued
directing the respondents to consider the appointment of the
petitioner for the post of Clerk from the date he was appointed
as daily waged beldar with all consequential benefits."
2. Petitioner, after death of his father on 17.3.2006, was
.
appointed as daily waged beldar on compassionate ground in pursuant
to sanction granted by the competent authority communicated to the
concerned Executive Engineer vide communication dated 12.6.2006
(Annexure P-5/A). Claim of the petitioner is that he being Graduate is
eligible and entitled for compassionate appointment as Clerk, the lowest
rank of Class-III post, instead of Beldar and he has claimed entitlement
for appointment as Clerk on the basis of appointment of similarly
situated persons as Clerks who were earlier appointed as daily waged
beldar.
3. To substantiate the claim, petitioner has put reliance on
order dated 5.3.2011 passed in CWP No. 972 of 2011, titled Ram
Chander Vs. State of H.P. and others and CWP No. 978 of 2011 titled
Chamel Singh Vs. State of H.P. and others, wherein Department was
directed to consider the case of the petitioners in those petitions and to
take appropriate action in accordance with law.
4. It is submitted on behalf of petitioner that in sequel to order
passed by the Court, competent authority, i.e. Engineer in Chief,
HPPWD has considered the cases of Ram Chahder and Chamel Singh
vide order dated 16.5.2011 and had converted their appointments from
daily waged beldars to daily waged Clerks. Copies of order No. PWE-
82-1-Appt.(12th Circle) Nahan/EST-2871-75 and PWE-82-1-Appt.(12th
Circle) Nahan/EST-2876-80, dated 16.5.2011 have also been placed on
record. It is undisputed that petitioner is similarly situated to Ram
Chander and Chamel Singh.
5. In the aforesaid circumstance, learned counsel for the
petitioner submits that petitioner shall be contended if he is permitted to
.
make representation, like Ram Chander's and Chamel Singh's cases, to
respondent No. 2 with direction to decide the same within time bound
manner, on analogy of Ram Chander and Chamel Singh's cases.
6. In the aforesaid backdrop present petition is disposed of
with liberty to the petitioner to make representation to respondent No. 2
within three weeks from today with direction to respondent No. 2 to
reconsider the case of appointment of the petitioner thereafter, for daily
waged clerk, like similarly situated persons, namely Ram Chander and
Chamel Singh (petitioners in CWP Nos. 972 and 978 of 2011), as
expeditiously as possible, but latest by 31.12.2021, along with all
consequential benefits as extended to aforesaid Ram Chander and
Chamel Singh.
The petition stands disposed of in aforesaid terms, along
with applications, if any.
(Vivek Singh Thakur),
th
7 October, 2021 Judge.
(Keshav)
E HI
