Himachal Pradesh High Court
Sh. Braham Dutt Son Of Sh vs State Of Himachal Pradesh And Others. He on 20 July, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
ON THE 20th DAY OF JULY, 2022
.
BEFORE
HON'BLE MR. JUSTICE A.A. SAYED,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Between:
CIVIL WRIT PETITION No.4832 of 2022
1. SH. BRAHAM DUTT SON OF SH.
JEET SINGH, R/O VILLAGE
MANWACH, P.O SANGNA, TEHSIL
SANGRAH, DISTT. SIRMOUR, H.P.
PRESENTLY SERVING AS A WATER
GUARD UNDER I&PH DIVISION
NOHRADHAR, DISTT. SIRMOUR,
H.P., AGE 47 YEARS.
2. SH. DEVINDER KUMAR, SON OF
SH. KESHAVA RAM, R/O VILLAGE
NERI JAGYARA, P.O KARGANU,
TSHSIL RAJGARH, DISTT. SIRMOUR
H.P. PRESENTLY SERVING AS A
WATER GUARD UNDER I&PH DIVISION
NOHRADHAR, DISTT. SIRMOUR,
H.P., AGE 53 YEARS.
3. SH. JAI INDER SINGH, SON OF
SH. DURGA RAM, R/O VILLAGE
AND P.O NAINETI, TEHSIL
RAJGARH, DISTT. SIRMOUR, H.P.
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PRESENTLY SERVING AS A WATER
GUARD UNDER I&PH DIVISION
NOHRADHAR, DISTT. SIRMOUR,
H.P., AGE 50 YEARS.
.
4. SH. OM PRAKASH SON OF SH. RAM
DUTT, R/O VILLAGE GUIN, P.O.
KARGANU, TEHSIL RAJGARH,
DISTT. SIRMOUR, H.P.
PRESENTLY SERVING AS A WATER
GUARD UNDER I&PH DIVISION
NOHRADHAR, DISTT. SIRMOUR,
H.P., AGE 43 YEARS.
5.
SH. YOGESH KUMAR SON OF SH.
MAST RAM, R/O VILLAGE LANA
RABAG, P.O KARGANU, TEHSIL
RAJGARH, DISTT. SIRMOUR, H.P.
PRESENTLY SERVING AS A WATER
GUARD UNDER I&PH DIVISION
NOHRADHAR, DISTT. SIRMOUR,
H.P., AGE 53 YEARS.
......PETITIONERS
(BY 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 SHIMLA2.
2. THE ENGINEERINCHIEF, I&PH
WITH HEADQUARTERS AT JAL
SHAKTI BHAWAN, TUTIKANDI,
SHIMLA, HP.
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3. THE SUPERINTENDING ENGINEER,
I&PH, CIRCLE NAHAN, DISTT.
SIRMOUR, HP.
4. THE EXECUTIVE ENGINEER, I&PH
.
DIVISION NOHRADHAR, DISTRICT
SIRMOUR, HP.
....RESPONDENTS
(BY SH. ASHOK SHARMA, ADVOCATE
GENERAL WITH MR. ADARSH K. SHARMA,
ADDITIONAL ADVOCATE GENERAL)
r to
This petition coming on for admission before notice
this day, Hon'ble Mr. Justice A.A. Sayed, passed the following:
ORDER
The petitioners were engaged as Water Guards on part time basis in the year 2007. Learned counsel for the petitioners states that the cases of the petitioners are covered by the Policy of welfare of Water Guard 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, ::: Downloaded on - 21/07/2022 20:05:08 :::CIS 4 which was dismissed. The matter was carried to the Hon'ble Supreme Court, which has also dismissed the SLP.
2. In view of the above, we dispose of the instant .
petition by directing respondent No.2 to consider the cases of the petitioners in light of aforesaid judgments and take a decision within a period of eight weeks and in the event, the petitioners are 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 petitioners.
3. The petition is disposed of in the aforesaid terms, so also pending miscellaneous applications, if any.
(A.A. Sayed)
Chief Justice
(Jyotsna Rewal Dua)
July 20, 2022 Judge
(mamta)
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