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Himachal Pradesh High Court

Parma Nand And Others vs State Of Himachal Pradesh & Others on 11 June, 2018

Author: Tarlok Singh Chauhan

Bench: Tarlok Singh Chauhan

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5045 of 2012.

.

Date of decision: 11th June, 2018.

Parma Nand and others .....Petitioners.

Versus State of Himachal Pradesh & others .....Respondents.

Coram The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting?1 No For the Petitioners : Mr. Pankaj Thakur, Advocate vice Mr.Avneesh Bhardwaj, Advocate.

For the Respondents: Mr.Vinod Thakur and Mr.Sudhir Bhatnagar, Additional Advocate Generals with Mr.Bhupinder Thakur, Deputy Advocate General, for the respondents/State.

Tarlok Singh Chauhan, Judge (Oral).

This writ petition has been filed for the following relief:-

"a. Writ in the nature of mandamus be issued in favour of petitioners and against respondents with direction them to regularize the services of petitioners as labourers on sanctioned posts keeping in view their 18 years long service."
1

Whether the reporters of the local papers may be allowed to see the Judgment? Yes ::: Downloaded on - 12/06/2018 23:01:11 :::HCHP 2

2. In the reply filed by the respondents, it has not been disputed that the services of the petitioners are required to be .

regularized but in accordance with the policy as may be framed by the Government from time to time. This is clearly borne out from para-6 of the reply which reads thus:-

"6. In reply to this para of the petition, it is submitted that the daily waged workers are to be regularized in accordance with the regularization policy framed by the State of HP from time to time. The petitioners have not completed the necessary condition of rendering eight years of service with 240 days in each calendar year in the Temple, therefore, the process for their regularization will be initiated on the completion of aforementioned conditions."

3. Accordingly, the present petition is allowed by directing the respondents to regularize the services of those of the petitioners whose services have not been regularized in accordance with the regularization policy framed by the State Government as applicable to the petitioners on completion of their eight years of service.

4. The petition is disposed of in the aforesaid terms, leaving the parties to bear their own costs. Pending application, if any, also stands disposed of.

(Tarlok Singh Chauhan) 11 th June, 2018. Judge (krt) ::: Downloaded on - 12/06/2018 23:01:11 :::HCHP