Om Prakash vs State Of Himachal Pradesh & ...
2022 Latest Caselaw 9283 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 14TH OF NOVEMBER 2022




                                                           .

                            BEFORE
                HON'BLE MR. JUSTICE A.A. SAYED
                        CHIEF JUSTICE





                               &
           HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

               CIVIL WRIT PETITION No. 7870 of 2022

         Between:-

         OM PRAKASH,

         S/O SH. RAM DITTA,


         RESIDENT OF VILLAGE MARYANI,
         P.O. DADHOL, TEHSIL GHUMARWIN,
         DISTRICT BILASPUR, H.P.
         AGED 58 YEARS.


                                         ......PETITIONER

         (BY SH. VIJAY KUMAR, ADVOCATE)




         AND





    1.   STATE OF HIMACHAL PRADESH
         THROUGH PRINCIPAL SECRETARY (I&PH)
         TO THE GOVERNMENT OF H.P.





         SHIMLA- 171002.

    2.   THE ENGINEER-IN-CHIEF,
         I&PH, DEPARTMENT SHIMLA, H.P.

    3.   THE EXECUTIVE ENGINEER,
         I&PH DIVISION BILASPUR,
         DISTRICT BILASPUR, H.P.

    4.   THE SUPERINTENDING ENGINEER
         I&PH CIRCLE, BILASPUR,
         DISTRICT BILASPUR, H.P.

    5.   DISTRICT PANCHAYAT OFFICER,




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           BILASPUR,DISTRICT BILASPUR, H.P.
                                                              .....RESPONDENTS




                                                                            .
     (BY SH. ADARSH SHARMA, ADDITIONAL





     ADVOCATE GENERAL)
_______________________________________________________





                  This petition coming on for admission this day, Hon'ble

    Mr. Justice A.A. Sayed passed the following:

                                 ORDER

following reliefs:-

r to The petition has been filed by the petitioner seeking the

"(i) That the respondents may kindly be directed to bring the service of the petitioner on contractual establishment against the post of pump attendant immediately on completion of 12 years

service as water guard w.e.f. 2019 in the time scale of pay from due date and thereafter regularization w.e.f. 2022 after completion of three years of contract service along with all

consequential benefits including seniority, arrear and monetary benefits in the interest of justice and fair play.

ii) That the respondents may kindly be directed to grant relaxation in educational qualification as has been done in the case of other

similarly situated person."

2. Learned counsel for the petitioner has placed reliance

on the judgment of the learned Single Judge of this Court dated

23.06.2021 in CWP No.3047 of 2020 (Jagdish Kumar & others

Versus State of Himachal Pradesh & others) which has been

upheld by the Division Bench of this Court in LPA No.104 of 2021

(State of H.P. and others Versus Sh. Jagdish Kumar and others

and connected matters), decided on 23.02.2022. Special Leave to

Appeal(C) No.6124 of 2022 (The State of Himachal Pradesh &

.

Ors. Versus Jagdish Kumar & Ors.) filed against the said order

has also been dismissed by the Supreme Court, vide order dated

17.05.2022. Learned counsel for the petitioner states that the

petitioner would be content, if the case of the petitioner is considered

in light of the said judgments.

3. In view of the above, we dispose of the petition by

directing the respondents to consider the case of the petitioner in

light of the aforesaid judgments and take a decision within a period

of eight weeks from today.

4. Pending miscellaneous application(s), if any, also to stand

disposed of.

( A.A. Sayed) Chief Justice

( Jyotsna Rewal Dua ) Judge

14th November, 2022(rohit)