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Himachal Pradesh High Court

Manju Devi vs State Of Himachal Pradesh on 30 November, 2021

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

       IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                   ON THE 30th DAY OF NOVEMBER, 2021




                                                                  .
                                   BEFORE





                 HON'BLE MR. JUSTICE AJAY MOHAN GOEL

                    CIVIL WRIT PETITION No. 6402 of 2020





    Between:-

    1. Manju Devi, w/o Sh. Sarwan Kumar,





       VPO Gopalpur, Tehsil Palampur,
       District Kangra, H.P
    2. Anita Kumari, W/o Sh. Gopal Dogra,
       Resident of VPO Sunehad, Tehsil
       Nagrota Bagwan, District Kangra, H.P

    3. Mungeshwari Devi W/o Sh. Surjeet

       Kumar, Resident of Village Sarotri,
       Tehsil Baroh, District Kangra, H.P.
    4. Reena Kumari D/o Sh. Om Parkash
       Resident of Village & Post Office


       Uprli Kothi, Tehsil Nagrota Bagwan,
       District Kangra, H.P.
    5. Suresh Kumari, w/o Sh. Pawan
       Kumar, resident of Village & Post




       Office Tehar, Tehsil Harchakyan,
       District Kangra, H.P.





    6. Seema Devi, W/o Sh. Sansar Chand,
       Resident of Registrar Village and P.O.
       Dhaloon, Tehsil Bagwan, District





       Kangra, H.P.
    7. Lajya Devi W/o late Sh. Vijay Kumar,
       Resident of Village Kotla, P.O.
       Chamiyana, Tehsil Dharamshala,
       District Kangra, H.P.
    8. Rachna Devi, W/o Sh. Ravi Kumar,
       Resident of Village & Post Office
       Garoh, Tehsil Shahpur, District
       Kangra, H.P.
    9. Munisha Dhiman, W/o Sh. Naresh
       Kumar, Resident of Village and Post
       Office Charri, Tehsil Shahpur, District
       Kangra, H.P.
    10. Sushma Devi, W/o Sh. Surinder
       Kumar, Resident of Village Boudarna,




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          P.O. Rehlu, Tehsil Shahpur, District
          Kangra, H.P.
    11.   Pooja Devi Dro Sh. Partap Chand,
          Resident of Village and P.O.




                                                                  .
          Dadhamb, Tehsil Shahpur, District





          Kangra, H.P
    12.   Asha Devi W/o Sh. Sujan Singh,
          Resident of Village Jamned, PO
          Kakroti, Tehsil Sihunta, District





          Chamba HP.
    13.   Meenakshi Devi W/O Balraj VPO
          Bagdhar Tehsil Dalhousie District
          Chamba H.P.





    14.   Aruna Devi, W/o Sh. Jogeshwar
          Singh, Village Bhadwal, P.O. Matour.
          Tehsil & District Kangra, H.P.
    15.   Sunita Kumari W/o Sh. Sanjeev
          Kumar, Resident of Village and P.O.

          Sukkar, Tehsil Dharamshala, District

          Kangra, H.P.
    16.   Veena Kumari, W/o Sh. Vijay Kumar,
          Resident of Village Kaned, P.O.
          Ghiyana kalan, Tehsil Dharamshala,


          District Kangra, H.P.
    17.   Nisha Choudhary, W/o late Sh.
          Subgash Chand, Resident of Village
          Passu, Post Office Passu Pantehar,




          Tehsil Dharamshala, District Kangra,
          H.P.





    18.   Vinita Devi, W/o Sh. Harbansh Lal,
          Village Barwala, P.O. Ghiana Kalan,
          Tehsil Dharamshala, District Kangra,





          H.P.
    19.   Bindu Devi W/o Sh. Rakesh Kumar,
          Resident of V.P.O. Shewn, Tehsil
          Shahpur, District Kangra, H.P.

    20. Pawna Devi W/o Sh. Ranjeet Singh,
        Resident of Village and P.O. Rait,
        Tehsil Shahpur, District Kangra, H.P.

    21. Soma Devi W/o Sh. Rakesh Kumar,
        Resident of Upla Bhaniyar, P.O.
        Shewn, Tehsil Shahpur, District
        Kangra, H.P.
    22 Pinki Devi, W/o Sh. Nek Ram,
        Resident of Village Gorda, P.O.




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                                           3



          Shahpur, Tehsil Shahpur, District
          Kangra, H.P.
    23.   Jyoti Sharma, W/o Sh. Ravinder
          Sharma, Resident of Village and P.O.




                                                                     .
          Bansoor, Tehsil Shahpur, District





          Kangra, H.P.
    24.   Munni Bibi, W/o Sh. Makhan,
          Resident of Village and P.O. Jolna,
          Tehsil Sihunta, Distt. Chamba, H.P.





    25.   Sarotri Devi, W/o Sh. Inder Singh,
          Resident of Village Dadaman, P.O.
          Balana, Tehsil Bhatiyat, District
          Chamba, H.P.





    26.   Anita Devi Wo Sh Surjeet Singh,
          Resident of Village Morthu, PO
          Mortho, Tehsil Sihunta, District
          Chamba, H.P.
    27.   Reetu Devi Wo St. Vinay Singh.

          Resident of Village Ghanoti, PO.

          Samote, Tehsil Bhattiyar, District
          Chamba, H.P.
    28.    Reena Devi Wa Sh Tilak Ram,
          Resident of Village Saned, P.O.


          Rajain. Tehsil Bhattiyar, District
          Chamba, H.P.
    29.    Shivani Kumari W/o Sh. Rakesh
          Kumar, Resident of Village Chhalara,




          P.O. Sihunta, Tehsil Sihiunta, District
          Chamba, H.P.





    30.    Suman Devi W/o Sh. Rakesh Pal
          Singh, Resident of Village Dhulera,
          P.O.    Dhulera,   Tehsil   Bhattiyat,





          District Chamba, H.P.

    31. Anita Joshi W/o Sh. Vidya Sagar,
        Resident of Village Dhalata, P.O.
        Kathla, Tehsil Bhattiyat, District
        Chamba, H.P.
    32. Sanjana Devi W/o Sh. Birender
        Kumar, Resident of Village Malara,
        P.O. Sihunta, Tehsil Sihunta, District
        Chamba, H.P.
    33. Damesha W/o Sh. Ajay Kumar,
        Resident of Village and P.O. Garnota,
        Tehsil Bhattiyat, District Chamba,
        H.P.




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    34. Kalpna Devi W/o Sh. Sanjay Kumar,
        Resident of Village and P.O. Hangloh,
        Tehsil Palampur, District Kangra, H.P.
    35. Rachna Devi, W/o Sh. Krishan Kumar,




                                                                  .
        Village Kandi, P.O. Darognu, Tehsil





        Palampur, District Kangra, H.P.
    36. Sapna Devi W/o Sh. Vipan Kumar,
        Village & Post office Tang Narwana,
        Tehsil Dharamshala, District Kangra,





        H.P.
    37. Sushama Kumari W/o Sh. Lekh Raj,
        Resident of Village Jassour, Post
        Office Ronkhar, Tehsil Nagrota





        Bagwan, District Kangra, H.P.
    38. Sunita Kumari, W/o Sh. Pushpinder
        Singh, Resident of Village narwana
        Khas, Post Office Yol Cantt. Tehsil
        Dharamshala, District Kangra, H.P.

    39 Vinod Kumari, W/o Sh. Kalyan Singh,

        Resident of Village Tharu, Post Office
        & Tehsil Nagrota Bagwan, District
        Kangra, H.P.
    40 Dimple Kumari W/o Sh. Ashok


        Kumar, Resident of Village Samayara,
        P.O. Chhughera, Tehsil Baroh,
        District Kangra, H.P.
    41. Reshma Devi W/o Sh. Harbans Lal,




        Resident of Village and Post Office
        Barana, Tehsil Nagrota Bagwan,





        District Kangra, H.P.
    42. Bavita Devi, W/o Sh. Sushil Kumar,
        Resident of Village Ghoday, P.O.





        Bhadrehad, Tehsil Nagrota Bagwan,
        District Kangra, H.P.
    43. Veena Dei. W/o Sh. Raj Kumar,
        Resident of Village & Post Office
        Massal, Tehsil Nagrota Bagwan,
        District Kangra, H.P.
    44. Sunita Kumari W/o Sh. Anil Kumar,
        Resident of Village and P.O. Mumta,
        Tehsil Nagrota Bagwan, District
        Kangra, H.P.
    45. Rachna Devi, W/o Sh. Arjun Singh,
        Village Gujrehda, P.O. Jalot, Tehsil
        Nagrota Bagwan, District Kangra,
        H.P.




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    46. Virkarma Devi W/o Sh. Raj Kumar,
        Resident of Village Nihargliu, P.O.
        Mumta, Tehsil Nagrota Bagwan,
        District Kangra, H.P.




                                                                   .
    47. Santosh Kumari W/o Sh. Ompal





        Kumar, Resident of Village Asanpat,
        P.O. Lahla, Tehsil Palampur, District
        Kangra, H.P.
    48. Reshma Devi W/o Sh. Behmi Ram,





        Resident of Village Kand P.O.
        Kardiana,      Tehsil    Dharamshala,
        District Kangra, H.P.
    49. Santosh Kumari W/O Vijay Singh





        resident of Village Maghiyan PO
        Balana     Teshil    Bhatyat   District
        Chamba HP
    50. Tripta Devi W/O Sudershan Singh
        resident of Village Baet PO Dharoon

        Tehsil Sihunta District Chamba HP

    51. Anjana Kumari W/O Pardeep Singh
        resident of Village Khanona PO Tundi
        Tehsil Bhatiyat District Chamba HP
    52. Saroj Kumari W/O Ravinder Singh


        resident of village Hatli PO Darman
        Tehsil Bhatiyat District Chamba HP.
    53. Sonika W/O of Mukesh resident of
        village and PO Tikkari Tehsil Bhatiyat




        District Chamba HP
    54. Sarita wife of Ajesh Kumar village





        Latwalaz PO bagoratehsil Palampur
        District Kangra HP.





                                                          ..........PETITIONERS

    (BY MR. ANUP RATTAN, ADVOCATE)

    AND

    1. STATE OF HIMACHAL PRADESH,
       THROUGH    ADDITIONAL    CHIEF
       SECRETARY FOREST) TO THE
       GOVERNMENT     OF    HIMACHAL
       PRADESH.
    2. PRINCIPAL CHIEF CONSERVATOR
       OF FOREST, GOVERNMENT OF
       HIMACHAL PRADESH, SHIMLA.




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    3. HIMACHAL PRADESH NATURAL
       RESOURCE MANAGEMENT SOCIETY
       THROUGH ITS EXECUTIVE OFFICER,
       FOREST ROAD SOLAN, DISTRICT




                                                                    .
       SOLAN, H.P.





                                                   ..........RESPONDENTS

    (MR. ASHOK SHARMA, ADVOCATE GENERAL





    WITH M/S ADARSH SHARMA AND SANJEEV
    SOOD, ADDITIONAL ADVOCATE GENERALS
    WITH MS KAMAL KANT CHANDEL, DEPUTY
    ADVOCATE GENERAL)





    ___________________________________________________________

                 Whether approved for reporting:

                 This petition coming on for hearing this day, the Court passed


    the following:-

                                      ORDER

By way of this writ petition, the petitioners have prayed for the following substantive reliefs:-

"i. That respondents be directed to include the Petitioners Group Organizers working under the KFW Climate Proofing Project as contract employees of respondent No. 3 Society.
ii. That respondents No. 1 and 2 may kindly be directed to direct respondent No. 3 Society to enter into an agreement with the petitioners, as is entered by the respondent No. 3 Society with the staff of Swan River Project, Kandi Project and Indo German Changer Project.
iii. That respondents be directed to extend the benefit of Annexure P-2, service regulations notified on 19.04.2017 to the petitioners and provide all the benefits of this policy.
iv. That respondents be directed to provide the promotional avenues under the respondent No. 3 Society in accordance with law, as is being provided to the staff of other projects."
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2. When this case was taken up for consideration, learned Counsel for the petitioner submits that, at this stage, the petitioners shall .

be satisfied in case the issues raised by the them in the writ petition are gone into by respondent No. 3 and appropriate order is passed in this regard by the said authority.

3. Without reverting to the respective contentions of the parties on merit, on the prayer of the petitioners made through counsel, this writ petition is disposed of with the direction that the petitioners may file appropriate representation(s) before respondent No. 3, within a period of two weeks from today, and appropriate orders thereupon, be passed by said authority within a period of four weeks as from the date of receipt of the representation. The petitioners be given hearing in a representative capacity, if so desired. It goes without saying that this Court has not made any observation on the merit of the case and the petition stands disposed of strictly on the basis of request of the petitioners made through their Counsel.

4. The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.

Copy dasti.

(Ajay Mohan Goel) Judge November 30, 2021 (narender) ::: Downloaded on - 31/01/2022 23:21:43 :::CIS