Shri Bhupesh Verma vs Municipal
2022 Latest Caselaw 8576 HP

       IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                  ON THE 17th DAY OF OCTOBER, 2022




                                                                                                      .
                                               BEFORE





                                HON'BLE MR. JUSTICE SATYEN VAIDYA
    CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO.3162 OF 2019
        Between:-





             SHRI BHUPESH VERMA
             SON OF SHRI ROOP RAM VERMA
             VILLAGE BATLANA, P.O. SHOGHI,
             TEHSIL AND DISTRICT SHIMLA,
             HIMACHAL PRADESH.





                                                                                     ...... PETITIONER
             (BY MR. VIJAY CHAUDHARY, ADVOCATE)
             AND

             MUNICIPAL CORPORATION, SHIMLA

             THROUGH ITS COMMISSIONER,
             THE MALL, SHIMLA,
             HIMACHAL PRADESH.

                                                                                     ......RESPONDENT



             (BY MR. NARESH GUPTA, ADVOCATE)
             1
                 WHETHER APPROVED FOR REPORTING?




                          This petition coming on for orders this day, the Court
             passed the following :





                                                                     ORDER

Learned counsel for the petitioner has submitted that

the subject matter of instant petition is identical to the matter

decided by a Co-ordinate Bench of this Court on 30.7.2010 in CWP(T)

No. 4144 of 2008. The petitioner would be satisfied if similar orders as

passed in CWP(T) 4144 of 2008 are passed in this petition also.

2. The order dated 30.7.2010 passed by a Co-ordinate

Bench of this Court in CWP(T) No. 4144 of 2008 has been placed on

record. Its perusal reveals that the matter involved in that case was

with respect to the claim of benefits by the petitioner therein for

discharging the duties as Clerk/diarist. The Court, on perusal of the

Whether reporters of Local Papers may be allowed to see the judgment ? Yes.

records produced before it, found the petitioner therein to be

discharging the duties of Clerk/diarist. Accordingly, the order in

following terms was passed is as under:-

.

" Mr. Sant Ram Verma, Sr. Assistant, Municipal Corporation, Shimla, has brought the record. According to him, even today petitioner is discharging the duty of a Clerk/diarist. The information is supplied on the basis of the available record with him in the Court pertaining to the period 1991 onwards.

2. Ms. Sunita Sharma, learned counsel for the petitioner has urged that in similar circumstances the Division Bench of this Court in CWP No. 337 /1994 titled as Amar Chand vs. Municipal Corporation, Shimla, has issued certain directions on 16.3.1995. She submits that petitioner is similarly situated with that of the

petitioner in the case of Amar Chand (supra). A copy of the said order is taken on record.

3. The petition can be disposed of with the directions to the respondent-Corporation to consider the case of the petitioner for appointment, if found to be similarly situated on the basis of the

directions given by this Court in Amar Chand(supra). The authorities shall take into account the nature of work which the

petitioner has been uninterruptedly and continuously discharging from the date of his engagement.

4. Necessary action be taken within a period of 3 weeks from the date of receipt of the certified copy of this order.

The petition stands disposed of."

3. Learned counsel for petitioner has also drawn attention of

this Court to the documents placed on record alongwith the rejoinder,

which reveals that the petitioner has been assigned the job of Clerk.

4. In view of the submissions made on behalf of the

petitioner, it is ordered that the respondent shall consider the case of

the petitioner in light of order dated 30.7.2008 passed in CWP(T)

No. 4144 of 2008 and if the case of the petitioner is found similar to

that of the petitioner in the aforesaid case, he shall be granted due

benefits as permissible under law. Petition is accordingly disposed of.

                                           (Satyen Vaidya)
     17th October, 2022                         Judge
     (CS)