Himachal Pradesh High Court
Presently Serving As A vs Downloaded On - 23/02/2022 ... on 22 February, 2022
Bench: Mohammad Rafiq, Jyotsna Rewal Dua
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 22nd DAY OF FEBRUARY, 2022
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 480 OF 2022
Between :-
SH. BIHARI LAL, SON OF SH. GINU
RAM, RESIDENT OF VILLAGE
BASADHAR, P.O. TANDU, TEHSIL
AND DISTT. MANDI, H.P.
PRESENTLY SERVING AS A
CHOWKIDAR IN DIVISION MANDI,
DISTT. MANDI, H.P.
...PETITIONER
(BY MR. A.K. GUPTA, ADVOCATE)
AND
1. STATE OF H.P. THROUGH THE
PRINCIPAL SECRETARY (FORESTS)
TO THE GOVT. OF H.P. WITH
HEADQUARTERS AT SHIMLA-2,
H.P.
2. THE PRINCIPAL CHIEF
CONSERVATOR OF FORESTS WITH
HEADQUARTERS AT SHIMLA, H.P.
3. THE CONSERVATOR OF FORESTS,
FORESTS CIRCLE MANDI, DISTT.
MANDI, H.P.
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4. THE DIVISIONAL FOREST OFFICER,
FORESTS DIVISION MANDI, DISTT.
MANDI, H.P.
...RESPONDENTS
.
(MR. ASHOK SHARMA,
ADVOCATE GENERAL, WITH
MR. VIKAS RATHORE,
MS. RITTA GOSWAMI,
ADDITIONAL ADVOCATES GENERAL)
____________________________________________________
This petition coming on for admission this day,
Hon'ble Ms. Justice Jyotsna Rewal Dua, passed the following :
ORDER
The petitioner is working as a Chowkidar in Forest
Division Mandi w.e.f. 01.01.1996. His services were regularized in
September, 2007. The claim of the petitioner in the instant
petition is that he has been denied work charge status by the
respondents on completion of 8 years of service.
2. Learned counsel for the petitioner submits that the
issue raised in this petition has been decided on 24.04.2021 in
CWPOA No. 6624 of 2019, titled Daulat Ram and others Vs.
State of H.P. and others. Learned counsel submitted that all the
inter-related issues have been discussed in the said judgment
which has attained finality. He further submitted that the case of
the petitioners is covered by the judgment in Daulat Ram's case
(supra) and, therefore, the petitioner would be content in case the
respondents/competent authority is directed to decide the claim of
the petitioner for grant of work charge status on completion of 8
years of service in accordance with law and the judgment
.
rendered in Yashwant Singh's case supra. Learned Additional
Advocate General has no objection to this prayer.
Considering the submissions made by learned
counsel for the parties, without adverting to the merits of the
case, we deem it proper to dispose of the instant writ petition by
directing the respondents/competent authority to consider the
claim of the petitioner for grant of work charge status to him on
completion of 8 years of service in accordance with law and in
light of the judgment dated 24.04.2021 in CWPOA No. 6624 of
2019, titled Daulat Ram and others Vs. State of H.P. and
others. Appropriate decision by passing the speaking order in the
matter be taken within a period of 2 months from today. Needless
to observe that petitioner shall be at liberty to assail the
consideration order in accordance with law in case the same is
not in his favour. Pending applications, if any, also stand
disposed of.
( Mohammad Rafiq )
Chief Justice
22nd February, 2022 (K) ( Jyotsna Rewal Dua )
Judge
