Himachal Pradesh High Court
Smt. Goma vs State Of Himachal Pradesh Along With ... on 12 May, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA ON THE 12th DAY OF MAY, 2022 BEFORE HON'BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE & HON'BLE MR. JUSTICE SANDEEP SHARMA Between:
r to CIVIL WRIT PETITION NO. 7118 of 2021 SMT. GOMA, WIFE OF SH. JIVAN, RESIDENT OF VILLAGE AND PO MANALI, TEHSIL MANALI, DISTRICT KULLU, H.P., PRESENTLY SERVING AS A BELDAR UNDER HPPWD DIVISION KATRAIN, DISTRICT KULLU, H.P. ....PETITIONER (MR. A.K. GUPTA, ADVOCATE) AND
1. STATE OF H.P. THROUGH THE PRINCIPAL SECREATRY (PUBLIC WORKS) WITH HEADQUARTERS AT SHIMLA, H.P.
2. THE ENGINEER-IN-CHIEF, HPPWD WITH HEADQUARTERS AT NIRMAN BHAWAN, SHIMLA-2.
::: Downloaded on - 17/05/2022 20:05:20 :::CIS 23. THE SUPERINTENDING ENGINEER, .
HPPWD CIRCLE KULLU, DISTRICT KULLU, H.P. 4 THE EXECUTIVE ENGINEER, HPPWD DIVISION KATRAIN, DISTRICT KULLU, H.P. ....RESPONDENTS (MR. VIKAS RATHORE, ADDITIONAL ADVOCATE GENERAL) Whether approved for reporting?.
This petition coming on for orders this day, Hon'ble Mr. Justice Sandeep Sharma, passed the following:
r ORDER Petitioner namely, Smt. Goma, who is a Nepali citizen, was engaged as a daily wage beldar with effect from 1.1.1998 and since then she had been working continuously with 240 days in each calendar year in the aforesaid capacity till her regularization in the year, 2018. Since the petitioner was not granted work charge status after her having completed eight years service, she has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following relief:-
"1. That the circular Annexure P-3 may be held to be violative of Article 14 of the Constitution of India and the same may be struck down and the respondents may be ordered to grant work charge status to the petitioner ::: Downloaded on - 17/05/2022 20:05:20 :::CIS 3 from the date she completed 8 years service, with all .
benefits incidental thereof."
2. Learned counsel for the petitioner while making this Court to peruse the judgment rendered 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, contended that his case is squarely covered with the aforesaid judgment. He also invited attention of this Court to judgment passed by learned Single Judge of this Court in CWP No.5799 of 2014 tilted as Budh Bahadur versus the State of H.P. and others, wherein similar relief, as has been prayed in the instant petition, has been granted to the petitioner in that case.
3. Aforesaid prayer made on behalf of the petitioner has been resisted on behalf of the respondent-department by learned Additional Advocate General on the ground that judgment rendered by Division Bench of this Court in Dal Bahadur versus State of Himachal Pradesh alongwith other 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 Supreme Court.
::: Downloaded on - 17/05/2022 20:05:20 :::CIS 44. However, careful perusal of material made available to this .
Court clearly reveals that SLP having been filed by the respondent-State against the judgment rendered by Division Bench of this Court in Dal Bahadur case (supra) stands dismissed. Having taken note of dismissal of SLP filed by the respondent-State in Dal Bahadur case, learned Single Judge while allowing the writ petition bearing CWP No.5799 of 2014 titled as Budh Bahadur versus the State of HP and others, directed the respondent-State to confer work charge status upon the petitioner on his having completed eight years of uninterrupted service and thereafter regularize the service of the petitioner in accordance with law upon availability of vacancies.
5. 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 relief 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 ::: Downloaded on - 17/05/2022 20:05:20 :::CIS 5 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 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 is also entitled for similar benefit.
7. Consequently, in view of the above, the present petition is allowed and the respondents are directed to confer work charge status upon the petitioner from the date she completed eight years service with all benefits incidental thereto. Since the petitioner has approached this Court in the instant proceedings in the year 2021, she is held entitled to ::: Downloaded on - 17/05/2022 20:05:20 :::CIS 6 consequential benefits from the date three years prior to filing of the .
petition. Pending applications, if any, stand disposed of ( Mohammad Rafiq ), Chief Justice ( Sandeep Sharma ), Judge 12th May, 2022 manjit ::: Downloaded on - 17/05/2022 20:05:20 :::CIS