Himachal Pradesh High Court
The State Of Himachal vs State Of Himachal Pradesh And Others on 21 April, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 21ST DAY OF APRIL, 2022
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
CHIEF JUSTICE
&
HON'BLE MR. JUSTICE SANDEEP SHARMA
LETTERS PATENT APPEAL NO.60 OF 2022
Between:
1. THE STATE OF HIMACHAL
PRADESH THROUGH IT
SECRETARY (PW) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2.
2. THE ENGINEER-IN-CHIEF, HPPWD
WITH HEAD QUARTER AT NIRMAN
BHAWAN, SHIMLA-2.
3. THE EXECUTIVE ENGINEEER,
HPPWD DIVISION ROHROO,
DISTT. SHIMLA, H.P.
....PETITIONERS
( MR. ASHOK SHARMA, ADVOCATE
GENEAL WITH MS. RITTA GOSWAMI,
ADDITIONAL ADVOCATE GENERAL)
AND
SH. BUDH BAHADUR S/O SH. DAL
BAHADUR, R/O VILLAGE AND POST
OFFICE SUMMERKOT, TEHSIL
ROHROO,DISTT. SHIMLA HP,
PRESNTLY SERVING AS BELDAR IN
HPPWD DIVISION ROHROO, DISTT.
SHIMLA,HP.
......RESPONDENTS.
(MR. A.K. GUPTA, ADVOCATE)
Whether approved for reporting?
This petition coming on for admission before notice this day, Hon'ble
Justice Sandeep Sharma, passed the following:
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2
JUDGMENT
CMP(M) No.411 of 2020
For the reasons set out in the application, delay of .
4 years, 10 months and 29 days in filing the appeal, which in our considered view has been sufficiently explained, is condoned. Application stands disposed of. Appeal be registered LPA No. 60 of 2022
2. By way of instant Letters Patent Appeal, challenge has been laid to judgment dated 2.4.2015 passed by learned Single Judge in CWP No.5799 of 2014, titled as Budh Bahadur Vs. State of Himachal Pradesh and others, whereby direction came to be issued to the appellant-department to confer work charge status upon the petitioner immediately on completion of eight years of uninterrupted service and thereafter regularize the services of the petitioner in accordance with law upon availability of vacancies.
3. Precisely, the facts of the case as emerge from the record are that the respondent Budh Bahadur, who is a Nepali national, had been serving continuously without there being interruption with the respondent-department since 1989, but since despite his having completed requisite period provided in the policy of regularization, his services were not being regularized, he approached this Court by way of Civil Writ Petition No.5799 of 2014, claiming therein that as per latest ::: Downloaded on - 23/04/2022 20:06:07 :::CIS 3 policy of the Government and in terms of judgment dated 9.11.2011, passed by Principal Division Bench of this Court in bunch of petitions i.e. Civil Writ Petition No. 5702 of 2011 .
titled Dal Bahdur versus State of Himachal Pradesh along with other connected matters, department is required to be directed to confer work charge status upon him after his having completed eight years services and thereafter regularize his services in accordance with law.
4. Record reveals that aforesaid prayer made on behalf of the petitioner came to be resisted on behalf of the respondent-department on the sole ground that judgment rendered by Division bench of this Court in Dal Bahadur versus State of Himachal Pradesh along with connected matters and judgment dated 27.04.2012 passed in Shiv Kumari versus State of Himachal Pradesh alongwith other connected matters, have not attained finality because department has laid challenge to the same by way of SLP in the Hon'ble Apex Court. Since at the time of passing of the judgment impugned in the instant proceedings appellant-
department was unable to dispute that SLP having been filed by it against judgments passed by Principal Division Bench in cases detailed hereinabove stood dismissed, learned Single Judge allowed the petition and directed the respondent to confer work charge status upon the petitioner on his having ::: Downloaded on - 23/04/2022 20:06:07 :::CIS 4 completed eight years of uninterrupted services and thereafter regularize his services in accordance with law.
5. Even today, during the proceedings of the case .
learned Additional Advocate General was unable to dispute that larger issue as to whether petitioner, who is not Indian citizen, is entitled to invoke writ jurisdiction of Court of India stands duly adjudicated by the Hon'ble Apex Court. Learned Additional Advocate General was also unable to dispute that reliefs claimed by the petitioner in the instant proceedings have been already extended to similar situate Nepalee employees.
6. Division Bench of this Court while passing judgment dated 9.11.2011 in Dal Bahadur case (supra) specifically took note of judgment rendered by this Court in case tilted as Man Singh versus State of Himachal Pradesh, CWP No.1594 of 2008, decided on 27.7.2009, wherein it specifically took note of resolution passed by Central Government on 1.3.1977, the office memorandum dated 10.5.1978 and letter dated 16.7.2009 addressed by the Secretary (Agriculture) to the Government of Himachal Pradesh to the Director of Agriculture, whereby it was laid down that as far as Nepalese citizens are concerned, only eligibility certificates are required. As per aforesaid judgment, if Napalese citizens are able to furnish eligibility certificates they are also required to be granted benefit in terms of policy framed by Government ::: Downloaded on - 23/04/2022 20:06:07 :::CIS 5 of Himachal Pradesh from time to time with regard to conferment of work charge status and thereafter regularization. Since aforesaid judgment rendered by Principal .
Division Bench has already attained finality, the petitioner in the case at hand being similar situate person has been rightly held entitled for similar benefit vide impugned judgment passed by learned Single Judge.
7. Consequently, in view of the above, we do not find any illegality and infirmity in the impugned judgment passed by learned Single Judge and as such, same is upheld.
The present appeal is dismissed being devoid of any merit. Pending applications, if any, stand disposed of.
(Mohammad Rafiq) Chief Justice (Sandeep Sharma) Judge 21st April, 2022 (shankar) ::: Downloaded on - 23/04/2022 20:06:07 :::CIS