Himachal Pradesh High Court
Bhagwan Dass vs State Of Hp & Others on 3 September, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
( 2024:HHC:9119 )
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
.
CWPOA No 5073 of 2020
Date of decision: 3rd September, 2024
Bhagwan Dass ...Petitioner
Versus
State of HP & others ...Respondents.
Coram
Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Hon'ble Mr. Justice Ranjan Sharma, Judge.
Whether approved for reporting?
For the Petitioner: Mr. Bhim Raj Sharma, Advocate.
For the Respondents: Mr. Varun Chandel, Additional
Advocate General.
Vivek Singh Thakur, Judge (Oral)
Petitioner has approached this Court seeking following relief:-
(i) That the case of the applicant be considered for appointment either in Class-III or Class-IV categories on contract/daily waged basis.
2 Contesting Department is Labour and Employment Department. In response to petition, in additional reply filed on behalf of respondents/Department, it has been stated as under:-
::: Downloaded on - 27/09/2024 20:30:27 :::CIS 2( 2024:HHC:9119 ) "1. That the present petition is not maintainable against replying respondents being filed by the petitioner without any cause of action and locus-standi because the replying .
respondents has no authority to provide the job to petitioner on Class-III & IV post in the Government Sector as prayed but can only provide opportunities of job by sponsoring the name of eligible candidates to employer against requisition which is received from various departments/employers from throughout Himachal Pradesh.
2. That as per memo No.Shram (Emp) 16-5/93 dated 09.03.2000 issued by the Additional Chief Secretary-cum-
Secretary (Labour & Employment) to the Government of Himachal Pradesh, the eligible persons can also apply directly to the Employer concerned against the notified vacancies. Copy annexed as (annexure R-1).
3. That Shri Bhagwan Dass (petitioner) got his name registered in Sub Employment Exchange Banjar, District Kullu, H.P. vide Registration No. 15092263007, under NCO code X001.20 on dated 22.09.2015 on the basis of documentary evidence of Ward of Freedom Fighter with educational qualification 10+2 pass w.e.f. 22.09.2015 and thereafter under NCO code X001.30 with qualification B.A. pass w.e.f. 12.02.2021 and is still registered in the live register of registrants in Employment Exchange, Banjar till February, 2024.
::: Downloaded on - 27/09/2024 20:30:27 :::CIS 3( 2024:HHC:9119 ) 3 No rejoinder has been filed to aforesaid reply.
.
4 In view of stand taken in reply, we do not find any merit in petition.
5 Needless to say, as stated in the reply, name of petitioner shall be sponsored for the post, if any notified to the Employment Exchange, as per his qualification and category on receiving the requisition for any category for which petitioner is entitled for job.
Accordingly, this petition is dismissed with aforesaid observations.
(Vivek Singh Thakur), Judge.
3rd September 2024 (Ranjan Sharma),
(ms) Judge.
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