Himachal Pradesh High Court
Roop Singh vs Hp Scheduled Caste Scheduled Tribe ... on 5 November, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
( 2024:HHC:10692
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 12364/2024
Decided on: 05.11.2024
Roop Singh ...Petitioner
Versus
HP Scheduled Caste Scheduled Tribe Development Corporation &
Ors. ....Respondent.
...........................................................................................
Coram
Ms Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Vivek Singh Attri, Advocate.
For the respondents: Mr. L.N. Sharma, Additional Advocate
General.
Jyotsna Rewal Dua , J
Heard.
2. The petitioner was engaged as Process Server in the
office of District Manger, HP Scheduled Caste Scheduled Tribe
Development Corporation, Nahan, Sirmour, H.P. on 30.11.2016. This
employment was on outsource basis. The petitioner submitted his
joining on 17.12.2016. On 06.09.2024, the petitioner wrote to the
District Manager, HP Scheduled Caste Scheduled Tribe Development
Corporation that he be not given any exertional or strenuous work at
Whether reporters of the local papers may be allowed to see the judgment? yes
( 2024:HHC:10692
his work place due to his heart related issue. Relevant extract from
his said communication reads as under:-
"I, Roop Singh S/O late Sh. Dhani Ram R/O Village Kandalwala,
P.O. Barma-Papri. Tehsil Naben, Distt. Sirmaur, H.P. I started
facing heart related health issues in 2019 and after my treatment
in Fortis hospital, sector 62, Phase VIII, S.A.S Nagar, Mohali
160062, two stents were inserted in my heart in the year 2019.
Later on I again started facing heart related health issues and my
body used to remain numb for time and again then after my
checkup in 2024 in Dr. Y.S. Parmar Govt. Medical College &
Hospital, Nahan doctor identified 50% and 32% blockage in my
heart and prescribed some medicines and advised to avoid heavy
exertional or strenuous activities during work and Summoning
work and after that I again went for checkup to aforesaid Hospital
Fortis, Mohali where one stent was inserted in my heart on
10/08/2024 and doctor also gave me such kind of medicine by
which I am not able to do any strenuous or heavy exertional, work
like going to fields at workplace for distribute the summons place
to place as it cause breathlessness, dizziness or weakness and it
may even take my life. (Prescription or test reports are attached
herewith application).
It is, respectfully prayed that may kindly be allow my
application regarding for not giving me any heavy exertional or
strenuous work at my workplace and distribute the summons place
to place due to my heart related health issues till recovery of my
health and oblige. For this act of kindness, I shall ever remain
grateful and shall pray to Almighty god for your honour's long life
and prosperity."
3. Since the petitioner had been engaged on outsource
basis only for work of delivery of summons i.e. as Process Server and
in view of the aforesaid request of the petitioner that he is unable to
do exertional or strenuous work in the office and also unable to carry
out the field work regarding delivery of summons/notices etc.,
respondent No.3 terminated the services of the petitioner on
24.09.2024. Feeling aggrieved, the petitioner has preferred this writ
petition. It is seen from the record that the petitioner has also
( 2024:HHC:10692
preferred a representation on 02.10.2024 (Annexure P-VIII) to
respondent No.1/competent authority.
4. Taking note of the narration given by the petitioner in his
representation, the termination order passed by the respondents on
24.09.2024, it is deemed appropriate to dispose of this writ petition by
directing respondent No.1/competent authority to consider and decide
the aforesaid representation of the petitioner, in accordance with law,
within four weeks from today. Ordered accordingly. Copy of this order
be communicated by the office of learned Advocate General to the
respondents for compliance. The order so passed on the
representation of the petitioner be also communicated to him.
Pending miscellaneous application(s), if any, shall also stand
disposed of.
Jyotsna Rewal Dua
Judge
November 05th, 2024(rohit)
