Himachal Pradesh High Court
Gurpiari Devi W/O Shri Ramesh vs State Of Himachal Pradesh on 23 August, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 23rd DAY OF AUGUST, 2022
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4111 of 2020
Between:
GURPIARI DEVI W/O SHRI RAMESH
CHAND, RESIDENT OF VILLAGE
MOOHI, PO KOT, TEHSIL AND DISTT.
HAMIRPUR, PIN 177027.
r ....PETITIONER
(BY MR.ARUN KUMAR,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS SECRETARY (HORTICULTURE)
SHIMLA-2, HP.
2. DIRECTOR, HORTICULTURE DEPTT.
NAVBAHAR, SHIMLA-2.
3. DEPUTY DIRECTOR OF HORTICULTURE
DEPTT. KANGRA AT DHARMSHALA, H.P.
....RESPONDENTS
(BY MR. SUDHIR BHATNAGAR AND MR.
NARINDER GULERIA, ADDITIONAL
ADVOCATES GENERAL WITH MS.
SVANEEL JASWAL, DEPUTY ADVOCATE
GENERAL AND MR. SUNNY DHATWALIA,
ASSISTANT ADVOCATE GENERAL)
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2
Whether approved for reporting?.
.
This petition coming on for orders this day, the Court passed the following:
ORDER
CMP-T No. 793 of 2022
For the reasons stated in the application, same is allowed.
Application stands disposed of accordingly.
CWPOA No. 4111 of 2019By of present writ petition, petitioner has prayed for following main reliefs:
"A. That the respondents may kindly be directed to regularize the services of the Applicant after completion of 8 years as per policy dated 07-05-2010 or in terms of policy prevalent at the time of accruing her right for regularization; or if the respondents are treating her as contract employee then she may be regularized as per the policy formulated for the regularization of the contract employee dated 07-05-2010 or if no policy is there, then to direct the respondents to formulate a policy being a model state; so the Constitutional mandates provided for the welfare state be fulfilled and justice be done.
B. That the impugned Annexures A10, A12 and A13 passed by the Respondents may kindly be quashed and set aside being wrong, illegal, unconstitutional and is the result of non-application of mind.
C. That the respondents may kindly be directed to grant consequential benefits such as seniority, arrears etc. ::: Downloaded on - 23/08/2022 20:03:42 :::CIS 3 and the original application may kindly be allowed with .
cost."
D. That the respondents may kindly be directed not to give fictional breaks and if any break is found then that period may kindly be regularized with all benefits."
2. Though reply to the petition has been filed on behalf of the respondents-State, but before case at hand could be heard and decided on its own merits, learned counsel appearing on behalf of the petitioner states that petitioner would be content and satisfied in case prayer made in the instant petition is considered and decided in light of judgment dated 1.12.2021, passed by this court in CWPOA No. 1833 of 2020, titled Asha Devi v. State of HP and Ors. Learned Additional Advocate General is not averse to the aforesaid prayer made by the petitioner.
3. Having perused the aforesaid judgment passed by this court, this court finds that issue raised in the instant petition has been already dealt with by this court and as such, case of the petitioner can be considered and decided in light of Asha Devi's case (supra).
4. Consequently, in view of the above, present petition is disposed of with direction to the respondents to consider and decide the case of the petitioner in light of the aforesaid judgment rendered by this Court in Asha Devi's case (supra), expeditiously, preferably within six weeks. In case ::: Downloaded on - 23/08/2022 20:03:42 :::CIS 4 petitioner is found similarly situate to the case of Asha Devi, similar benefit .
shall be granted to her. Needless to say, authorities concerned while doing the needful in terms of the instant order shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon.
Liberty is reserved to the petitioner to file appropriate proceedings before the appropriate court of law, if she still remains aggrieved.
5. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any.
23rd August, 2022 (Sandeep Sharma),
(manjit) Judge
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