Bhan Chand vs . State Of H.P. & Ors.
2023 Latest Caselaw 12367 HP

Bhan Chand vs. State of H.P. & Ors.

CWPOA No. 7270 of 2019

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25.08.2023 Present: Mr. Onkar Jairath, Advocate, for the petitioner.

Mr. Pranay Pratap Singh, Additional Advocate

General with M/s Arsh Rattan and Sidharth Jalta, Deputy Advocate Generals, for respondents No.1 and 3-State.

Ms. Kiran Dhiman, Advocate, for respondent No.2.

By way of this petition, the petitioner has sought a

direction to the respondents to regularize his services w.e.f.

May, 2002 on the analogy of regularization of other workman,

who according to the petitioner was junior to him, namely, Sh.

Janam Singh.

In terms of the order passed by this Court on the

last date, learned counsel appearing for the Forest

Corporation has produced the order passed by the erstwhile

Administrative Tribunal, in terms whereof, the services of Sh.

Janam Singh were ordered to be regularized as well as the

judgment passed by this Court, whereby, the order passed by

the learned Tribunal was upheld.

As it is a matter of record that the petitioner being

surplus employee was initially transferred to the Health

Department, wherein, his services were regularized as such

w.e.f. 2007, as per Annexure A-1, it appears to this Court that

even if this petition is allowed, no actual benefit will accrue

upon the petitioner, for the reason that the original application

was filed only in the month of May, 2016 and therefore, even

.

if the monetary benefits are ordered to be conferred upon the

petitioner by restricting them to three years as from the date

of filing of the petition, the petitioner will not get anything, as

from the year 2007 onwards, he became a regular employee

of the Health Department.

Faced with this situation, learned counsel for the

petitioner submits that the case be taken up after two weeks,

to enable him to have instructions.

List on 08.09.2023.

(Ajay Mohan Goel) Judge

August 25, 2023 (Vinod)