Himachal Pradesh High Court
Diwakar vs State Of Himachal Pradesh And on 17 May, 2022
Bench: Mohammad Rafiq, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 17th DAY OF MAY, 2022
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
CHIEF JUSTICE
&
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION No.407 of 2022
Between:
MR. SANJAY KUMAR SON OF SH.
DIWAKAR, VILLAGE JAMOG, P.O.
JUNI, TEHSIL SUNNI, DISTRICT
SHIMLA, HIMACHAL PRADESH.
....PETITIONER
(BY MR. BALWANT SINGH THAKUR,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS SECRETARY
(HEALTH), TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
2. THE DIRECTOR OF HEALTH AND
FAMILY WELFARE DEPARTMENT,
S.D.A.COMPLEX, KASUMPATI,
SHIMLA-171009, H.P.
......RESPONDENTS.
(MR. VIKAS RATHORE, ADDITIONAL
ADVOCATE GENERAL)
CIVIL WRIT PETITION No.408 of 2022
Between:
MR. SANJEEV KUMAR SON OF LATE
KEWAL RAM, VILLAGE KHARALU, P.O.
DANAWALI, TEHSIL RAMPUR, DISTRICT
SHIMLA, HIMACHAL PRADESH.
....PETITIONER
(BY MR. BALWANT SINGH THAKUR,
ADVOCATE)
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2
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS SECRETARY
.
(HEALTH), TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
2. THE DIRECTOR OF HEALTH AND
FAMILY WELFARE DEPARTMENT,
S.D.A.COMPLEX, KASUMPATI,
SHIMLA-171009, H.P.
......RESPONDENTS.
(MR. VIKAS RATHORE, ADDITIONAL
ADVOCATE GENERAL)
This petition coming on for admission before notice this day,
Hon'ble Mr. Justice Sandeep Sharma, passed the following:
ORDER
By way of instant petitions filed under Article 226
of the Constitution of India, petitioners have prayed for
following reliefs:-
"1. That respondent department may very kindly be
directed to extend the benefit of regularization to
the petitioner on the completion of 8 years i.e.
2006 of daily wage services with all
consequential benefits being squarely covered by
judgment CWP No.406 of 2021 titled as Radha
Rani versus State of Himachal Pradesh and
another.
2. That the service rendered by the present
petitioner after completion of 8 years may very
kindly be counted for the purpose of the seniority
and increments with all consequential benefits."
2. Though, despite sufficient opportunities, no reply
.
has been filed on behalf of the respondent-State, but an
application, seeking therein extension of time to file reply on
behalf of respondents No.1 and 2 is stated to have been filed,
but the same is also not on record. Registry to trace and place
the same on record.
3. Copy of the application, as detailed hereinabove,
made available to this Court by Mr. Vikas Rathore, learned
Additional Advocate General, reveals that cases of the
petitioners have been referred to the Government for seeking
necessary directions/approval after getting it examined at
Government level by the Directorate of Health vide letter
dated 13.05.2022 (Annexure R-1). It would be profitable to
take note of aforesaid communication dated 13th May, 2022
herein:-
" It is added that the present petitioner, Sh. Sanjeev
Kumar, was initially engaged on daily wage basis in the
Department in the year 1998 and had completed 8
years of his services in the year 2006 and
subsequently his services were regularized in the year
2008 under the uniform policy instructions of the
Government dated 09.09.2008. The above named
official has now raised his claim on the analogy of Smt.
Radha Rani, respective petitioner in CWP No.406 of
2021, being wexactly same and similar to her, for
regularization of his services after the completion of 8
years daily waged services in the year 2006 with all
consequential benefits.
Further, it is submitted that the above referred case,
CWP No.408 of 2012 is pending adjudication and
decision before the Hon'ble Court for reply/instructions.
.
However, since the claim by the petitioner has been
raised similarly on the analogy of Smt. Radha Rani and
further since the facts of the case of Smt. Radha Rani
i.e. the respective petitioner in CWP No.406 of 2021,
are same and similar to the facts of the case of the
present petitioner, it is humbly requested to kindly get
his case also examined at Government level as to
whether the present petitioner is also entitled for the
same and similar benefits, or not.
You are humbly requested to kindly expedite the
decision/directions in the matter, so as to proceed
further in the matter accordingly, being a Court matter
please."
4. It is quite apparent from the bare reading of
aforesaid communication that Director Health Services,
Himachal Pradesh after having examined the matter has
categorically apprised the Principal Secretary (Health) to the
Government of Himachal Pradesh that since petitioners have
raised their claim on the analogy of Smt. Radha Rani and
the facts of the case of Smt. Radha Rani are same and similar
to the facts of the case of the petitioners, matter required to
be examined at the Government level.
5. While referring to the aforesaid communication,
learned counsel for the petitioners states that petitioners
would be content and satisfied in case necessary directions
are issued to the respondents to consider and decide the case
of the petitioners in the light of the judgment rendered by
Division Bench of this Court in Radha Rani vs. State of
Himachal Pradesh and another, passed in CWP No.406 of 2021,
.
decided on 10th August, 2021 expeditiously.
6. Learned Additional Advocate General is not averse
to the aforesaid innocuous prayer made on behalf of the
petitioners.
7. Consequently, in view of the above, without going
into the merits of the case, we dispose of the present petitions
with the directions to the respondents to consider and decide
the case of the petitioners in the light of the Radha Rani
case(supra) expeditiously, preferably within a period of four
weeks. Needless to say, authority concerned while doing the
needful in terms of instant order shall afford an opportunity of
being heard to the petitioners and pass speaking order
thereupon. Liberty is reserved to the petitioners to file
appropriate proceedings in appropriate court of law, if they
still remain aggrieved.
Pending applications, if any, also stand disposed
of.
(Mohammad Rafiq)
Chief Justice
(Sandeep Sharma)
Judge
17th May, 2022
(shankar)
