Bhim Sain vs The State Of H.P. & Ors
2024 Latest Caselaw 15465 HP

Himachal Pradesh High Court

Bhim Sain vs The State Of H.P. & Ors on 22 October, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No.11752 of 2024

Decided on: 22.10.2024

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Bhim Sain                                                     ...........Petitioner

                                            Versus

The State of H.P. & Ors.                                   ........Respondents

------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Rajesh Mandhotra, Advocate.

For the Respondents: Mr. Dalip K. Sharma, Additional Advocate General

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

Notice. Mr. Dalip K. Sharma, Additional Advocate

General, appears and waives service of notice on behalf of the

respondents.

2. The petitioner aged about 62 years seeks directions

to the respondents to calculate the services rendered by him on

daily wage basis in light of the law laid down in the Hon'ble Apex

Court in Sunder Singh vs.State of H.P 2 as well as in Balo Devi

Vs. State of H.P and Ors.3.

3. Learned counsel for the petitioner submits that the

petitioner would be satisfied in case respondents are directed to

examine the case of the petitioner in light of the aforesaid

judgments within a time bound manner.

Whether reporters of print and electronic media may be allowed to see the order? Yes.

Civil Appeal No.6309 of 2017 decided on 08.03.2018

Civil Appeal No.4792 of 2022 decided on 18.07.2022.

Learned Additional Advocate General has no

objection for considering the case of the petitioner.

4. Hence, having regard to the above submissions of

the parties but without examining the merits of the case, the

respondent No.2/competent authority is directed to examine the

facts of the petitioner viz.-a-viz. the law laid down in Sunder

Singh vs. State of H.P2 as well as in Balo Devi Vs. State of

H.P and Ors3. within a period of six weeks' from today.

Upon examining the case of the petitioner, in case,

he is found to be covered in terms of decisions rendered in above

judgments/benefits flowing therefrom be released to the

petitioner. This entire exercise be completed within a period of

six weeks. Order so passed be also communicated to the

petitioner.

The writ petition is disposed of in the above

directions. Pending miscellaneous application(s), if any, shall

also stands disposed of.

                                              Jyotsna Rewal Dua
October 22, 2024                                    Judge
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