Presently Serving As A Beldar ... vs Letters Patent Appeal No.60/2022 ...
2022 Latest Caselaw 5961 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 22nd DAY OF JULY 2022




                                                       .

                         BEFORE
         HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





           CIVIL WRIT PETITION NO. 3656 OF 2020


         Between:-

         SMT. SHANTI DEVI


         WIFE OF LATE SH. CHHOTE LAL
         RESIDENT OF VILLAGE AND P.O. CHAMBI,

         TEHSIL CHOPAL, DISTT. SHIMLA, H.P.

         PRESENTLY SERVING AS A BELDAR UNDER
         HPPWD DIVISION CHOPAL,
         DISTT. SHIMLA, H.P.
                                           .....PETITIONER



         (BY SH. A.K. GUPTA, ADVOCATE)




         AND





    1.   STATE OF H.P. THROUGH THE PRINCIPAL
         SECRETARY (PWD) WITH HEADQUARTERS





         AT SHIMLA-2, H.P.

    2.   THE ENGINEER-IN-CHIEF,
         HPPWDD WITH HEADQUARTERS AT
         NIRMAN BHAWAN, SHIMLA-2.

    3.   THE EXECUTIVE ENGINEER,
         HPPWED DIVISION CHOPAL,
         DISTT. SHIMLA, H.P.
                                   .....RESPONDENTS

         (BY SH. NARENDER THAKUR, DEPUTY
         ADVOCATE GENERAL)
    _______________________________________________________




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                This petition coming on for orders this day, the




                                                                     .

    Court passed the following:

                              ORDER

This petition has been filed for the grant of following

substantive relief:

"i. That the respondents may be ordered to grant work charge status to the petitioner from the date she completed 8 years service with all the benefits incidental thereof."

2. Learned counsel for the petitioner submitted that the

case of the petitioner is squarely covered by the judgment dated

02.04.2015 passed in CWP No.5799/2014, titled Budh

Bahadur Vs. State of H.P. & Ors. It has also submitted that

Letters Patent Appeal No.60/2022 instituted by the

respondent/State against the aforesaid judgment has been

dismissed by a Division Bench of this Court on 21.04.2022.

Learned counsel for the petitioner has further submitted that his

client would be satisfied in case a direction is issued to the

respondent/competent authority to consider and decide the

grievance of the petitioner in light of the aforesaid judgments.

Learned Deputy Advocate General is not averse to this prayer.

Having regard to the above submissions, without

entering into the merits of the case, the instant writ petition is

disposed of by permitting the petitioner to make a

representation on his aforesaid grievance to the

.

respondents/competent authority within a period of two weeks

from today, who shall in turn, consider and decide the same in

accordance with law within a period of eight weeks from the

date of receipt thereof by passing a reasoned order, which shall

be communicated to the petitioner. While deciding the case of

the petitioner, due regard to the aforesaid judgments shall also

be made. It goes without saying that in the event the case of the

petitioner is found to be situated similar to that of Budh

Bahadur, then she will be entitled for same and similar benefits.

Pending miscellaneous application(s), if any, shall also stand

disposed of.

Jyotsna Rewal Dua Judge

22nd July, 2022 (vs)