Basis Under Patrighat vs State Of Himachal Pradesh And ...
2022 Latest Caselaw 8289 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

               ON THE 30th DAY OF SEPTEMBER, 2022




                                                        .
                          BEFORE





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





                              &
            HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

             CIVIL WRIT PETITION NO. 6928 of 2022





       Between:

       SH. SURESH KUMAR SON OF SH.
       RISHI

               RAM,  RESIDENT    OF
       VILLAGE SHERLI BATAI, P.O.

       PATRIGHAT,           TEHSIL
       SARKAGHAT, DISTT. MANDI, H.P.
       PRESENTLY SERVING AS A
       WATER GUARD ON PART TIME


       BASIS    UNDER    PATRIGHAT
       PANCHAYAT, DISTT. MANDI, H.P.
       AGE 32 YEARS.




                                                ...PETITIONER
       (BY  MR.    BONIT    THAKUR,





       ADVOCATE VICE MR. A.K GUPTA,
       ADVOCATE)





       AND

       1.   STATE OF H.P. THROUGH THE
            PRINCIPAL       SECRETARY
            (I&PH) TO THE GOVT. OF H.P.
            WITH HEADQUARTERS AT
            SHIMLA-2, H.P.

       2.   THE     ENGINEER-IN-CHIEF,
            I&PH WITH HEADQUARTERS




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                                     -2-




              AT JAL SHAKTI BHAWAN,
              TOTIKANDI, SHIMLA, H.P.

         3.   THE         SUPERINTENDING




                                                                .

              ENGINEER,     I&PH  CIRCLE
              SUNDERNAGAR,         DISTT.
              MANDI, H.P.





         4.   THE EXECUTIVE ENGINEER,
              I&PH DIVISION SARKAGHAT,
              DISTRICT MANDI H.P.




         (BY    MR.   RANJAN
                      r           to
                               SHARMA,
         ADDITIONAL ADVOCATE GENERAL)
                                                  ...RESPONDENTS

    ____________________________________________________

                  This petition coming on for admission this day,

     Hon'ble Mr. Justice A.A. Sayed, passed the following:



                         ORDER

The petitioner was engaged as Water Guard on

part time basis in the year 2007. Learned counsel for the

petitioner states that the case of the petitioner is covered by the

Policy of welfare of Water Guards of the year 2019. He further

states that the issue raised in the petition is squarely covered by

the judgment dated 23.06.2021 of learned Single Judge of this

Court in CWP No.3047 of 2020, titled as Jagdish Kumar and

others Versus State of Himachal Pradesh and others. He has

pointed out that the said judgment was challenged in LPA,

which was dismissed. The matter was carried to the Hon'ble

.

Supreme Court, which has also dismissed the SLP. The learned

counsel for the petitioner submits that the petitioner would be

content if his case is considered in light of the judgments

(supra).

2. In view of the above, without going into the merits, we

dispose of the instant petition by directing respondent No.2 to

consider the case of the petitioner in light of aforesaid

judgments and take a decision within a period of eight weeks

and in the event, the petitioner is found to be similarly placed,

the benefit of the judgment and order dated 23.06.2021 of the

learned Single Judge in CWP No.3047 of 2020 be also

extended to the petitioner.

3. The petition to stand disposed of in the aforesaid

terms, so also pending miscellaneous application(s), if any.

(A. A. Sayed) Chief Justice

( Jyotsna Rewal Dua ) Judge 30th September, 2022 (priti)