Himachal Pradesh High Court
Bhole Ram vs Downloaded On - 15/10/2022 ... on 15 October, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 15th DAY OF OCTOBER, 2022
BEFORE
.
HON'BLE MR. JUSTICE A.A. SAYED,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.6555 of 2022
Between:-
BHOLE RAM,
AGED 70 YEARS,
S/O LATE SHRI SOBHE RAM,
R/O VILLAGE SHARAN, PO PANARSA,
TEHSIL AUT, DISTRICT MANDI, H.P.
......PETITIONER
(BY MR. SUBHASH MOHAN SNEHI, ADVOCATE)
AND
1. STATE OF H.P.
THROUGH PRINCIPAL SECRETARY
(PUBLIC WORKS) TO THE GOVERNMENT
OF HIMACHAL PRADESH, SHIMLA-171002
2. ENGINEER-IN-CHIEF, HP PWD,
NIRMAN BHAWAN, NIGAM VIHAR,
SHIMLA-171002
3. SUPERINTENDING ENGINEER,
1ST CIRCLE, HP PWD MANDI,
DISTRICT MANDI, H.P.
4. EXECUTIVE ENGINEER,
HP PWD DIVISION THALOUT,
DISTRICT MANDI, H.P.
......RESPONDENTS
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-2-
(BY MR. RANJAN SHARMA, ADDITIONAL
ADVOCATE GENERAL)
This petition coming on for admission this day,
Hon'ble Mr. Justice A.A. Sayed, passed the following:
.
ORDER
The petition has been filed by the petitioner seeking the
following reliefs:-
"(i) That writ of mandamus may kindly be issued, directing
the respondents to extend the benefit of
regularization/work charge status to the petitioner
immediately on completion of his 8 years services on
daily wage basis i.e. w.e.f. 01.01.2001 in view of 8 years
regularization policy dated 06.05.2000 framed by the
State Government (Annexure P-4), since the petitioner
has discharged his duties on daily waged basis w.e.f.
01.01.1993 with more than 240 days in each calendar
year and further the arrears of pay due w.e.f. 01.01.2001
till 31.12.2002, may kindly also be ordered to be paid to
the petitioner alongwith upto date interest.
(ii) That writ of mandamus may kindly be issued, directing
the respondents to count 2 years out of total 10 years
daily waged services of the petitioner as on regular
service as per the law laid down by the Hon'ble Apex
Court in Civil Appeal No.6309 of 2017 titled as Sunder
Singh v/s The State of Himachal Pradesh & others
(Annexure P-5) as well as in Civil Appeal No.4792/2022
(arising out of SLP (Civil) No.18830/2021) (Annexure
P-6), for computing his qualifying service for pension.
(iii). That writ of mandamus may kindly be issued, directing
the respondents to release pension w.e.f. 01.05.2010
with all consequential benefits including interest on the
arrears of pension to the petitioner in view of the ration
.
laid down by the Hon'ble Apex Court in Civil Appeal
No.6309 of 2017 titled as Sunder Singh v/s The State of
Himachal Pradesh & others (Annexure P-5) as well as in
Civil Appeal No.4792/2022 (arising out of SLP (Civil)
No.18830/2021 (Annexure P-6)."
2. The learned counsel for the petitioner states that the
petitioner would be content if he is permitted to make a
representation to respondent No.3-the Superintending Engineer,
1st Circle, HPPWD Mandi, District Mandi and directions are issued to
decide the same in a time-bound manner.
3. In the circumstances, we dispose of this petition by
permitting the petitioner to make a representation to respondent
No.3. If such a representation is made within ten days from today,
the same shall be decided by respondent No.3 in light of the
judgments of the Hon'ble Apex Court in the cases of Sunder Singh
Versus The State of Himachal Pradesh & Ors. (Civil Appeal
No.6309 of 2017), dated 8th March, 2018 and Balo Devi Versus
State of H.P. & Ors. (Civil Appeal No.4792 of 2022), dated
18th July, 2022, within eight weeks from the date of receipt of the
representation.
4. The writ petition to stand disposed of in the above
terms, so also the pending miscellaneous application(s), if any.
.
(A.A. Sayed)
Chief Justice
(Jyotsna Rewal Dua)
October 15, 2022 Judge
Mukesh
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