Between vs The Stand Of The
2022 Latest Caselaw 3919 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 30th DAY OF MAY 2022




                                                       .

                         BEFORE
         HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





    CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 2267 OF
                           2019




    1.
         Between:-

         SMT. GULABI DEVI


         W/O SH. KHAMPU RAM
         R/O VILLAGE & P.O. SHOULI
         TEHSIL NANKHARI DISTT. SHIMLA.


    2.   SH. KAMLESH S/O SH. GIANI RAM
         R/O SAMKARI P.O. MUND KHAR
         TEHSIL BHORANJ, DISTT. HAMIRPUR.




                                     .....PETITIONERS





         (BY SH. S.C. SHARMA, SENIOR ADVOCATE
         WITH SH. RISHI SINGH, ADVOCATE)





         AND


    1.   STATE OF HIMACHAL PRADESH
         THROUGH ITS SECRETARY TO THE
         RURAL DEVELOPMENT DEPARTMENT
         HIMACHAL PRADESH SECRETARIAT.

    2.   THE DIRECTOR RURAL DEVELOPMENT
         DEPARTMENT HIMACHAL PRADESH SHIMLA.

                                  .....RESPONDENTS




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                                          2




         (SHRI NARENDER THAKUR, DEPUTY
         ADVOCATE GENERAL)




                                                                   .

    _______________________________________________________

                This petition coming on for orders this day, the





    Court passed the following:

                              ORDER

Petitioner No. 1 was engaged as Peon on 1.3.1993

in the Directorate of Rural Development Department, where

she was regularized on 09.06.2006. Petitioner No. 2 was

engaged as Sweeper-cum-Chowkidar in the same department

on 01.01.1998, where he was regularized on 03.03.2008. The

petitioners are seeking direction to the respondents to

regularize their services w.e.f. 01.01.2001 and 31.12.2005,

retrospectively.

2. The basis for claiming the relief is judgment dated

8.7.2010 rendered in CWP No. 2735 of 2010, titled Rakesh

Kumar vs. State of H.P. & others. It has been submitted that on

the basis of the judgment in Rakesh Kumar's case, one Shiv

Kumar situated similarly as the present petitioners, was also

retrospectively granted work charge status alongwith

consequential benefits.

The stand of the respondents in the reply is that the

judgment in Rakesh Kumar's case supra has not become final

.

as the same was assailed by the State by filing a special leave

petition before the Hon'ble Apex Court.

The reply taking the aforesaid stand was filed on

18.10.2011. The judgment in Rakesh Kumar's case has been

up-held by the Hon'ble Apex Court. The SLP filed by the State

against Rakesh Kumar's judgment has been dismissed by the

Hon'ble Apex Court during pendency of present petition. Since

the judgment passed on 8.7.2010 in CWP No. 2735 of 2010 in

Rakesh Kumar's case supra has been up-held by the Hon'ble

Apex Court, therefore, there shall be a direction to respondent

No. 2/competent authority to consider the case of the petitioners

for regularization in terms of the aforesaid judgment within a

period of four weeks from the date of receipt of copy of this

order. The consideration order shall be passed by the

respondents in accordance with law and the petitioners be

intimated of the order so passed. Liberty is reserved to the

petitioners to seek appropriate remedy in accordance with law

in case they still feel aggrieved.

The writ petition is disposed of in the above terms,

so also the pending application(s), if any.

.

                                              Jyotsna Rewal Dua





                                                   Judge
    30th May, 2022
       (vs)




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