Jagdish Chand & Others vs State Of H.P. & Others
2023 Latest Caselaw 5841 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                      CWP No.85 of 2023




                                                                   .
                                                  Decided on: 15.05.2023





           Jagdish Chand & others                              ...Petitioners





                                     Versus

           State of H.P. & others                              ...Respondents
    Coram





    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge
    The Hon'ble Mr. Justice Sushil Kukreja, Judge

    Whether approved for reporting?
    For the petitioners:     Mr. Bonit Thakur, Advocate vice Mr. A.K.
                     r       Gupta, Advocate.

    For the respondents:          Mr. Anup Rattan, Advocate General, with
                                  Mr.Rajesh     Mandhotra,     Additional
                                  Advocate General.



    Vivek Singh Thakur, Judge (Oral)

The instant petition has been filed for grant of the

following substantive relief:-

"i. That the respondents may be ordered to give daily wage status to the petitioners from the

dates they completed requisite period of 8 to 10 years, as per the policy of the government, with benefits incidental thereof and further regularization after completion requisite period for the said purpose, as per the policy of the Govt. which was initially 10 years and lateron now reduced to 5 years with all benefits incidental thereof, from the due dates."

2. It is not in dispute that the issue in question is no

longer res integra and is covered by the judgment rendered by

.

the learned single Judge of this Court in CWP No. 1747of 2020,

titled as Hari Chand and others vs. State ofHimachal Pradesh

and others, decided on 14.07.2021 and even an appeal filed by

the State by way of LPA No.13 of 2022 titled State of H.P. & Ors.

vs. Shri Hari Chand & Ors., has also been disposed of as

3. to rendered infructuous vide order dated 30.11.2022.

In this view of the matter, the instant petition is

disposed of with a direction to the respondents to consider the

case of the petitioners in light of the aforesaid judgment rendered

by this Court and also keeping in view the policy issued by the

respondent-State itself on 13.10.2009 to regulate the services of

part-time workers. Needful be done within six weeks.

4. Pending applications, if any, also stand disposed of.

( Vivek Singh Thakur ) Judge

( Sushil Kukreja ) Judge May 15, 2023 (vt)