Himachal Pradesh High Court
(By Sh. Vijay Chaudhary vs State Of Himachal Pradesh on 8 November, 2021
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 8TH DAY OF NOVEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
Civil Writ Petition No. 165 of 2021
Between:
PURAN PRAKASH, SON OF SH. SUNDER
SINGH, RESIDENT OF DHAR, POST OFFICE,
DASEHRA, ILLAQUA BAGRA, TEHSIL BALH,
DISTRICT MANDI, HIMACHAL PRADESH.
(BY SH. VIJAY CHAUDHARY, ADVOCATE)
r ....PETITIONER
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (IRRIGATION
AND PUBLIC HEALTH DEPARTMENT) TO
THE GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2.
2. ENGINEER-IN-CHIEF, IRRIGATION AND
PUBLIC HEALTH DEPARTMENT, SHIMLA.
3. SUPERINTENDING ENGINEER, I &PH)
CIRCLE SUNDERNAGAR, TEHSIL
SUNDERNAGAR, DISTRICT MANDI, H.P.
4. EXECUTIVE ENGINEER, I &PH, DIVISION
BAGGI, TEHSIL BALH, DISTRICT MANDI,
H.P.
....RESPONDENTS
(BY SH. DESH RAJ THAKUR, ADDITIONAL
ADVOCATE GENERAL WITH SH. NARENDER
THAKUR AND SH. GAURAV SHARMA,
DEPUTY ADVOCATE GENERAL).
Whether approved for reporting?
This petition coming on for orders this day, the Court passed the following:
::: Downloaded on - 31/01/2022 23:15:25 :::CIS
ORDER
.
By way of instant petition, petitioner has prayed for following main reliefs:-
i) That order dated 24.7.2015 (Annexure P-8) and 9.11.2020 (Annexure P-10) may kindly be set aside and the date of regulation as Work Charged Beldar taken by the department as 1.1.2004 may kindly be corrected/rectified and the petitioner may be ordered to be regularized as Work Charged Beldar with effect from 1.1.2002, after counting 8 years of r daily wage service with 240 days in each calendar year w.e.f.1993 alongwith all consequential benefits.
ii) That the respondents be further directed that after rectifying date of regularization of the applicant as Work Charge Beldar with effect from 1.1.2002, the applicant may be covered under CCS (Pension) Rules and GPF number may be allotted to him as provided under CCS (Pension) Rules.
2. Before the matter could be heard and decided on its own merit, learned counsel representing the petitioner while inviting attention of this Court to Office Order dated 9.8.2021, issued under the signature of Executive Engineer, Jal Shakti Division, Baggi ( Annexure R-1) annexed with the reply filed by the respondents, fairly states that reliefs, as prayed for, in the instant petition stand duly extended to the petitioner and nothing remains to be adjudicated in the present petition. He further states that this Court ::: Downloaded on - 31/01/2022 23:15:25 :::CIS while disposing of the present petition, may also issue necessary directions to the respondents to do the needful in terms of aforesaid .
office order in time bound manner. Learned Additional Advocate General is not averse to the aforesaid innocuous prayed made on behalf of the petitioner.
3. Consequently, in view of the above, the present petition is disposed of with the direction to the respondents to do the needful in terms of office order dated 9.8.2021 (Annexure R-1) expeditiously, preferably within a period of four weeks. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if he still remains aggrieved. Pending application(s), if any, also stands disposed of.
Copy Dasti.
8th November, 2021 (Sandeep Sharma),
(shankar) Judge
::: Downloaded on - 31/01/2022 23:15:25 :::CIS