Himachal Pradesh High Court
State Of Hp And Others vs Hira Nath on 19 September, 2017
Bench: Sanjay Karol, Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 187 of 2017.
Decided on 19.9.2017.
State of HP and others. ....Petitioners.
.
Versus
Hira Nath ... Respondent.
................................................................................................
Coram The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon'ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the petitioners : Mr. Shrawan Dogra, Advocate General with Mr. J.K.Verma, Dy. Advocate General.
For respondent : Mr. Angrez Kapoor, Advocate.
Sanjay Karol, Acting Chief Justice (Oral).
By way of this writ petition, the State has challenged order dated 27.11.2015 passed by learned HP State Administrative Tribunal in OA No. 2063 of 2015 titled as Hira Nath Vs. State of HP and others.
2. The principal ground on which the order so passed by learned Tribunal stands assailed by the State is that while passing the impugned order, learned Tribunal erred in not appreciating that as there is no work charge status envisaged in the Agriculture Department of the Government of Himachal Pradesh, therefore, no order could have been passed by learned Tribunal for according work charge status to the original applicant before it.
3. Learned counsel for the respondent/original applicant has placed before us copy of judgment passed by Coordinate Bench of this 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 21/09/2017 12:36:57 :::HCHP 2Court in CWP No. 2039 of 2007 titled as State of HP and others Vs. Hoshiar Singh decided on 6.1.2010 wherein a similar order passed by learned Tribunal pertaining to the same department, i.e., Department of .
Agriculture was unsuccessfully assailed by the State. For ready reference we are quoting the said decision hereinbelow:-
"The State has filed this writ petition against the order of the learned Tribunal whereby a direction has been given to grant work charge status to the applicant from the date he completed 10 years of service with 240 days in each calendar year within a period of six months from the date of the order passed by the Tribunal.
The question as to which employees are covered by the scheme of regularization approved by the Apex Court in Mool Raj Upadhyaya Vs. State of H.P & others, 1994 Supp(2) SCC 316 was considered by us in a detailed judgment in Gauri Dutt and ors. Vs. State of H.P, 366 LHLJ 2008(1). We had held that all those employees who had worked for at least one year prior to 31.12.1993 are covered by the said scheme. Admittedly the respondent in this case had completed 240 days of service prior to the said date. Therefore, this case is squarely covered by the judgment rendered by us in Gauri Dutt's case supra. Therefore, there is no error in the order of the learned Tribunal. The writ petition is accordingly dismissed. No order as to costs.
In view of the dismissal of the main petition, all the pending CMPS, if any, shall stand disposed of."
4. Besides this learned counsel for the respondent/original applicant has also relied upon other judgments passed by this Court in similar cases, i.e. CWP No. 7140 of 2012 titled as Gian Singh Vs. State of HP and others decided on 24.9.2014, CWP No. 1 of 2008 titled as Chuni Lal Vs. State of HP and others decided on 24.6.2015, CWP No. 1044 of 2015 titled as Jai Singh Vs. State of HP and others decided on 23.4.2015, CWP No. 1894 of 2016 titled as State of HP and others Vs. Bhaskar Ram decided on 24.7.2017 and LPA No. 194 of 2015 titled as State of HP and others Vs. Gian Singh decided on 3.12.2015.
In view of the fact that this Court has earlier upheld similar order passed by learned Tribunal against the Agriculture Department, we find no reason to interfere with the impugned order and accordingly as ::: Downloaded on - 21/09/2017 12:36:57 :::HCHP 3 there is no merit in the present petition, the same is dismissed, so also pending applications, if any.
(Sanjay Karol) Acting Chief Justice .
(Ajay Mohan Goel)
Judge
19th September, 2017
(Guleria)
r to
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