Himachal Pradesh High Court
Between:- R vs Government Of India And Others (2006) 11 ... on 24 March, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
REPORTABLE
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 24TH DAY OF MARCH, 2022
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
1. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 3145 OF 2019
Between:- r
S. S. CHAUDHARY SON OF SH. S.
R. CHAUDHARY, RESIDENT OF A-
34, SECOND FLOOR, NEW
KRISHNA PARK, VIKASPURI, NEW
DELHI-11008
...PETITIONER
(SH. SUBHASH SHARMA,
ADVOCATE)
AND
1. STATE OF H. P. THROUGH
PRINCIPAL SECRETARY,
INFORMATION TECHNOLOGY,
GOVERNMENT OF H.P., SHIMLA-
171 002.
2. HIMACHAL PRADESH STATE
ELECTRONICS DEVELOPMENT
CORPORATION LTD. IT BHAWAN,
BEOLIA ROAD, MEHLI, SHIMLA-
171 013, THROUGH ITS
MANAGING DIRECTOR.
3. ACCOUNTANT GENERAL (AUDIT),
HIMACHAL PRADESH SHIMLA-
171003
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
2
OFFICER, FOR RESPONDENTS-
STATE
MS. TIM SARAN, ADVOCATE, FOR
.
RESPONDENT NO. 2.
SH. RAJINDER SINGH THAKUR,
CENTRAL GOVERNMENT
COUNSEL, FOR RESPONDENT NO.
3).
2. CIVIL WRIT PETITION NO. 2360 OF 2019
Between:-
CHANDAN MOUDGIL SON OF
LATE SHRI CHAMAN
LAL
MOUDGIL, RESIDENT OF VILLAGE
AND POST
OFFICE DEHAR,
TEHSIL SUNDERNAGAR, DISTRICT
MANDI, HIMACHAL PRADESH.
...PETITIONER
(SH. KUSH SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (TECHNICAL
EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH.
2. DIRECTOR OF TECHNICAL
EDUCATION VOCATIONAL &
INDUSTRIAL TRANING,
HIMACHAL PRADESH, SUNDER
NAGAR, DISTRICT MANDI, H.P.
3. PRINCIPAL-CUM-DDO (ITI)
GOVERNMENT INDUSTRIAL
TRANINING INSTITUTE DEHAR,
DISTRICT MANDI, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE).
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
3
3. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 7900 OF 2019
Between:-
.
DHANI RAM SON OF SHRI B. R.
VERMA, R/O WARD NO. 7,
NALAGARH (FRIENDS COLONY),
TEHSIL NALAGARH, DISTRICT
SOLAN, H.P.
...PETITIONER
(SH. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION
(HRTC), THROUGH ITS
MANAGING DIRECTOR, OLD BUS
STAND, SHIMLA, H.P.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANTS OFFICER,
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION
(HRTC), HEAD OFFICE OLD BUS
STAND, SHIMLA-171003, H.P.
3. REGIONAL MANAGER, HRTC UNIT
NALAGARH, DISTRICT SOLAN,
H.P.
...RESPONDENTS
(SH. RAMAN JAMALTA,
ADVOCATE)
4. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 8045 OF 2019
Between:-
RAGHUBIR CHAND S/O SH. SHIV
RAM, R/O VILLAGE PANIAMAL,
P.O. JAMWAL, TEHSIL DADASIBA,
DISTRICT KANGRA, H.P.
PRESENTLY WORKING AS TGT
(ARTS) IN GOVT. SR. SEC.
SCHOOL SWANA, TEHSIL
JASWAN, DISTRICT KANGRA, H.P.
...PETITIONER
(SH. VIJAY BIR SINGH,
ADVOCATE)
AND
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
4
1. STATE HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
EDUCATION (ELEMENTARY)
.
GOVERNMENT OF HIMACHAL
PRADESH.
2. DIRECTOR OF ELEMENTARY
EDUCATION, SHIMLA.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
5. CIVIL WRIT PETITION NO. 1367 OF 2020
Between:-
BISHAN DASS S/O LATE SOUJU
RAM, R/O VILLAGE & P.O.
CHOWKI, TEHSIL NIHRI, DISTRICT
MANDI (HIMACHAL PRADESH)
RETIRED DRIVER, H.R.T.
CORPORATION, SUNDER NAGAR,
DEPOT, SUNDER NAGAR, MANDI,
H.P.
...PETITIONER
(SH. S. P. CHATTERJEE,
ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS
MANAGING DIRECTOR,
HIMACHAL ROAD TRANSPORT
CORPORATION, SHIMLA 171 003,
H.P.
2. FINANCIAL ADVISOR-CUM-CHIEF
ACCOUNTS OFFICER, HIMACHAL
ROAD TRANSPORT
CORPORATION, SHIMLA 171 003,
H.P.
3. REGIONAL MANAGER, HIMACHAL
ROAD TRANSPORT
CORPORATION, SUNDER NAGAR,
DISTRICT MANDI, H.P.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
5
...RESPONDENTS
(SH. VIKAS RAJPUT, ADVOCATE)
6. CIVIL WRIT PETITION NO. 2420 OF 2020
.
Between:-
SMT. SHEELA THAKUR WIFE OF
LATE SH. PREM SINGH THAKUR,
RESIDENT OF MAHAJAN NIWAN
CEMETERY ROAD SANJAULI, P.O.
TEHSIL AND DISTT. SHIMLA, H.P.
HOUSEWIFE
...PETITIONER
(SH. A. K. GUPTA, ADVOCATE)
AND r
1. STATE OF H. P. THROUGH THE
PRINCIPAL SECRETARY (PWD) TO
THE GOVERNMENT OF HIMACHAL
PRADESH WITH HQR. AT SHIMLA.
2. THE ENGINEER-IN-CHIEF, HPPWD
WITH HEADQUARTERS AT
NIRMAN BHAWAN, SHIMLA-2.
3. THE EXECUTIVE ENGINEER,
HPPWD DIVISION NO. 3, SHIMLA,
H.P.
4. THE SENIOR DEPUTY
ACCOUNTANT GENERAL WITH
HEADQUARTERS AT SHIMLA.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE
SH. SUDHIR THAKUR, SR.
ADVOCATE WITH SH. KARUN
NEGI, ADVOCATE, FOR
RESPONDENT NO. 4)
7. CIVIL WRIT PETITION NO. 3198 OF 2020
Between:-
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
6
SH. INDER SINGH S/O LATE SHRI
NARIAN SINGH R/O VILLAGE
ROPA MATYAL, P.O. KOT
(TUNGAL) TEHSIL KOTLI,
.
DISTRICT MANDI, H.P.
...PETITIONER
(SH. S. P. CHATTERJI & SH. K. B.
KHAJURIA, ADVOCATES)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (TECHNICAL
EDUCATION) TO THE GOVT. OF
H.P., SHIMLA 171 002, H.P.
2. DIRECTOR, TECHNICAL
EDUCATION, HIMACHAL
PRADESH,
SUNDER NAGAR,
DISTRICT MANDI, H.P.
3. PRINCIPAL, GOVT. INDUSTRIAL
TRANINING INSTITUTE, JOGINDER
NAGAR, DISTRICT MANDI, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
8. CIVIL WRIT PETITION NO. 3570 OF 2020
Between:-
NIRMALA DEVI W/O SH.
DARSHAN SINGH, R/O GREEN
PEACE COLONY, NEAR BHARAT
BHARTI SCHOOL, UPPER
DHALPUR, TEHSIL & DISTRICT
KULLU, H.P., PRESENTLY
WORKING AS TRAINED DAI, PHC
NAGGAR, DISTRICT KULLU, H.P.
AGED ABOUT 43 YEARS.
...PETITIONER
(SH. JAGAT PAL, ADVOCATE)
AND
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
7
1. PRINCIPAL SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. THE DIRECTOR, HEALTH & FAMILY
.
WELFARE, SHIMLA-9.
3. CHIEF MEDICAL OFFICER, KULLU,
DISTRICT KULLU, H.P.
4. BLOCK MEDICAL OFFICER,
NAGGAR, DISTRICT KULLU, H.P.
...RESPONDENTS
(SH. AJAY VAIDYA, SR. ADDL.
A.G.).
9. CIVIL WRIT PETITION NO. 3571 OF 2020
Between:-
INDU BALA W/O SH. SANJAY
SHARMA, R/O VPO PUID, TEHSIL
& DISTRICT KULLU,
H.P.,
PRESENTLY WORKING AS
TRAINED DAI, AT PHC RAISON,
DISTRICT KULLU, H.P. AGED
ABOUT 42 YEARS.
...PETITIONER
(SH. JAGAT PAL, ADVOCATE)
AND
1. PRINCIPAL SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. THE DIRECTOR, HEALTH & FAMILY
WELFARE, SHIMLA-9.
3. CHIEF MEDICAL OFFICER, KULLU,
DISTRICT KULLU, H.P.
4. BLOCK MEDICAL OFFICER,
NAGGAR, DISTRICT KULLU, H.P.
...RESPONDENTS
(SH. AJAY VAIDYA, SR. ADDL.
A.G.).
10. CIVIL WRIT PETITION NO. 4820 OF 2020
Between:-
KARAM CHAND S/O LATE SHRI
PIARA RAM, R/O VILLAGE TIKA
LEHSER, YOL CAMP, YOL BAZAR,
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
8
TEHSIL DHARAMSHALA,
DISTRICT KANGRA, H.P. (RETD.
INSPECTOR, HRTC,
DHARAMSHALA).
.
...PETITIONER
(SH. S. P. CHATTERJEE,
ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS
MANAGING DIRECTOR,
HIMACHAL ROAD TRANSPORT
CORPORATION, SHIMLA 171 003,
H.P.
2. FINANCIAL ADVISOR-CUM-CHIEF
ACCOUNTS OFFICER, HIMACHAL
ROAD
r TRANSPORT
CORPORATION, SHIMLA 171 003,
H.P.
3. REGIONAL MANAGER, HIMACHAL
ROAD TRANSPORT
CORPORATION, DHARAMSHALA,
DISTRICT KANGRA, H.P.
...RESPONDENTS
(SH. VIKAS RAJPUT, ADVOCATE)
11. CIVIL WRIT PETITION NO. 4886 OF 2020
Between:-
1. SH. DALEL SINGH, S/O SH.
LACHHMAN RAM, AGED 50
YEARS, R/O VILL. HAWANI, P.O.
TALYANA, TEHSIL GHUMARWIN,
DISTT. BILASPUR, H.P.
PRESENTLY WORKING AS COOK,
POLICE STATION SADAR, SHIMLA,
H.P.
2. SH. PREM SEN, S/O SH. SOHARU
RAM, R/O VILL. BATTU, P.O.
SEEMA, TEH. ROHRU, DISTT.
SHIMLA, H.P., PRESENTLY
WORKING AS COOK, POLICE
STATION ROHRU, DISTT. SHIMLA,
H.P.
3. SH. SOHAN LAL, S/O SH. BANSI
RAM, R/O VILL. MITUN, P.O.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
9
CHALEL, TEH. GHUMARWIN,
DISTT. BILASPUR, H.P.
PRESENTLY WORKING AS COOK,
POLICE STATION DHALLI, DISTT.
.
SHIMLA, H.P.
...PETITIONERS
(SH. BHUVNESH SHARMA AND
SH. RAMAKANT SHARMA,
ADVOCATES)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY HOME,
GOVT. OF H.P., SHIMLA
2. DIRECTOR GENERAL OF POLICE,
HIMACHAL PRADESH, SHIMLA.
3. THE SUPERINTENDENT OF
POLICE, SHIMLA, H.P.
4. THE SUPERINTENDENT OF
POLICE, BILASPUR, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
12. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 25 OF 2020
Between:-
1. RAVI SHARMA S/O SHRI PRABHU
DYAL SHARMA, PRO VILLAGE
DHAGOH, P.O. HALOG DHAMI,
TEHSIL & DISTRICT SHIMLA, H.P.,
PRESENTLY WORKING AS TGT
(MEDICAL) AT GSSS HALOG
DHAMI, DISTRICT SHIMLA, DOR
18.12.2014
2. VED PARKASH S/O SHRI HEM
CHAND PRO VILLAGE & P.O.
PAHAL, SUB-TEHSIL SUNNI, VIA
MASHOBRA, DISTRICT SHIMLA,
H.P. PRESENTLY WORKING AS
TGT (NON-MEDICAL) AT GMS
BAJHOL, U/C CHALAL (THACHI),
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
10
DISTRICT SHIMLA, DOR
18.12.2014.
3. KULBHUSHAN GUPTA S/O SHRI
DEVI RAM GUPTA, PRO VILLAGE
.
AND P.O. GHAINI, VIA
MASHOBRA, DISTRICT SHIMLA,
H.P. PRESENTLY WORKING AS
TGT (ARTS) AT GSSS GHAINI VIA
MASHOBRA, DISTRICT SHIMLA,
H.P. DOR 18.12.2014.
4. RAJEEV KUMAR S/O SHRI LEKH
RAM VERMA PRO VILLAGE
BAMOT, PO PAHAL, VIA
MASHOBRA, DISTRICT SHIMLA,
H.P. PRESENTLY WORKING AS
TGT (MEDICAL) AT GSSS GHAINI
VIA MASHOBRA, DISTRICT
SHIMLA, H.P.
5.
CHAMAN LAL S/O SHRI KIRPA
RAM PRO VILALGE KANER, P.O.
FATEHPUR, TEHSIL SARKAGHAT,
DISTRICT MANDI, H.P. PRESENTLY
WORKING AS TGT (NON-
MEDICAL) AT GMS PIPLI HAWANI
U/C GSSS KOLNI DHALWAN,
DISTRICT MANDI, H.P. DOA
18.12.2014
6. AMIN CHAND S/O LATE SHRI
SAINU RAM PRO VILLAGE UPPER
BAROT, PO FATEHPUR, TEHSIL
SARKAGHAT, DISTRICT MANDI,
H.P., PRESENTLY WORKING AS
TGT (ARTS) AT GMS JABOTH U/C
GHS SULPUR BAHI, P.O.
BHAMBLA, TEHSIL SARKAGHAT,
MANDI, H.P.
7. AJAY KUMAR SHARMA, S/O SHRI
DHIAN CHAND PRO VILLAGE
RAMEHRA, PO JAKHYOL, TEHSIL
BHORANJ, DISTRICT HAMIRPUR,
H.P. PRESENTLY WORKING AS
TGT (NON-MEDICAL) AT GMS
KARHA U/C GSSS KHARWAR,
DISTRICT HAMIRPUR, H.P.
8. RAJ KUMAR S/O SHRI BHUMI
CHAND PRO VILLAGE DHANRASI,
P.O. SADHOT, TEHSIL
SARKAGHAT, DISTRICT MANDI,
H.P. PRESENTLY WORKING AS
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
11
TGT (NON-MEDICAL) AT GMS
NERI U/C GSSS LANGNA, TEHSIL
JOGINDER NAGAR, DISTRICT
MANDI, H.P.
.
9. ASHWANI THAKUR S/O SHRI
CHAMBEL SINGH, PRO VILLAGE
TIKKAR, PO KHARWAR, TEHSIL
BHORANJ, DISTRICT HAMIRPUR,
H.P. PRESENTLY WORKING AS
TGT (MEDICAL) AT GSSS GALORE,
DISTRICT HAMIRPUR, H.P.
10. UMA DEVI D/O SHRI TARA CHAND
PRO VILLAGE KOT, P.O. KANGAL,
TEHSIL KUMARSAIN, DISTRICT
SHIMLA, H.P. PRESENTLY
WORKING AS TGT (ARTS) AT GMS
CHALLAN, U/C GSSS KUMARSAIN,
DISTRICT SHIMLA.
11.
ANJALI BHARDWAJ W/O SHRI
SANJAY SHARMA, PRO HOUSE
NO. 16, SHARMA COTTAGE,
MEHLI, KASUMPTI, SHIMLA-9
PRESENTLY WORKING AS TGT
(MEDICAL) GSSS JUNGA,
DISTRICT SHIMLA, H.P.
12. MRIDULA BHARDWAJ W/O SHRI
VIJAY BHARDWAJ, PRO VERMA
COTTAGE, NEAR HOUSING
BOARD COLONY MEHLI,
KASUMPTI, SHIMLA-9,
PRESENTLY WORKING AS TGT
(N/M) AT GSSS MASHOBRA,
DISTRICT SHIMLA, H.P.
13. NIRANJNA SHARMA, W/O SHRI
VIRENDER SHARMA, PRO
VILLAGE & P.O. CHALNER, TEHSIL
JUBBAL, DISTRICT SHIMLA, H.P.
PRESENTLY WORKING AS TGT
(MEDICAL) AT GSSS (GIRLS) KOT
KHAI, DISTRICT SHIMLA, H.P.
14. ASHOK KUMAR S/O SHRI PREM
CHAND, PRO VILLAGE
LANGEHAR, P.O. HARIBENHA,
TEHSIL SARKAGHAT, DISTRICT
MANDI, H.P. PRESENTLY
WORKING AS TGT (MEDICAL) AT
GOVT. HIGH SCHOOL KALTHAR
BAHNU, TEHSIL SARKAGHAT,
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
12
DISTRICT MANDI, H.P. DOA
23.12.2014.
15. DEVINDER SINGH S/O SHRI LAL
SINGH, PRO VILLAGE NAIN, P.O.
.
GOPALPUR, TEHSIL SARKAGHAT,
DISTRICT MANDI, H.P. PRESENTLY
WORKING AS TGT (ARTS) AT
GSSS GOPALPUR, TEHSIL
SARKAGHAT, DISTRICT MANDI,
H.P. DOR 23.12.2014.
16. SUMAN LATA D/O SHRI SOHAN
SINGH, PRO VILLAGE BEHAR, PO
& TEHSIL SARKAGHAT, DISTRICT
MANDI, H.P. PRESENTLY
WORKING AS TGT (ARTS) AT
GSSS MASERA, TEHSIL
SARKAGHAT, DISTRICT MANDI,
H.P.
17.
RAJU RAM S/O SHRI BELI RAM
PRO VILLAGE DHAYAN BAG, PO
MASERN, TEHSIL SARKAGHAT,
DISTRICT MANDI, H.P. PRESENTLY
WORKING AS TGT (N/M) AT GSSS
MASERN, TEHSIL SARKAGHAT,
DISTRICT MANDI, H.P. DOR
22.12.2014.
18. AJMER SINGH S/O SHRI BALWANT
SINGH PRO VILLAGE & PO
KULHERA, TEHSIL BARSAR,
DISTRICT HAMIRPUR, H.P.
PRESENTLY WORKING AS TGT
(ARTS) AT GOVT. HIGH SCHOOL
BUMBLOO, DISTRICT HAMIRPUR,
H.P. DOR 18.12.2014.
19. RAVI SHARMA S/O SHRI PRABHU
DYAL SHARMA, PRO VILLAGE
DHAGOH, PO HALOG, (DHAMI),
TEHSIL & DISTRICT SHIMLA, H.P.
PRESENTLY WORKING AS TGT
(MEDICAL) AT GOVT. SENIOR
SECONDARY SCHOOL HALOG
(DHAMI), DISTRICT SHIMLA, H.P.
DOR 18.12.2014.
20. VED PRAKASH S/O SHRI HEM
CHAND, PRO VILLAGE & PO
PAHAL, SUB-TEHSIL SUNNI (VIA
MASHOBRA) SHIMLA, H.P.
PRESENTLY WORKING AS TGT
(NON-MEDICAL) AT GOVT.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
13
MEDICAL SCHOOL BAJHOL, U/C
GOVT. SENIOR SECONDARY
SCHOOL CHALAL (THACHI),
SHIMLA, DOR 18.12.2014.
.
21. REENA KUMARI W/O SHRI
ANURAG PRO VILLAGE & PO
KHARLARDU, TEHSIL
SARKAGHAT, DISTRICT MANDI,
H.P. PRESENTLY WORKING AS
TGT (N/M) AT GOVT. MIDDLE
SCHOOL GANDHI NAGAR, U/C
GOVT. SENIOR SECONDARY
SCHOOL (BOYS) DHALPUR,
DISTRICT KULLU, H.P. DOA
18.12.2014.
22. TRISHLA DEVI W/O SHRI VIVEK
KUMAR, PRO VILLAGE BUMANA,
PO TAL, DISTRICT HAMIRPUR,
H.P. PRESENTLY WORKING AS
TGT (MEDICAL) AT GSSS
KHARWAR, TEHSIL BHORANJ,
DISTRICT HAMIRPUR, H.P., DOR
23.06.2015.
23. NEEL KAMAL S/O JOGINDER
CHAND PRO VILLAGE GARSAR,
PO BHARERI, TEHSIL BHORANJ,
DISTRICT HAMIRPUR, H.P.
PRESENTLY WORKING AS TGT
(ARTS) AT GOVT. SENIOR
SECONDARY SCHOOL KHARWAR,
TEHSIL BHORANJ, DISTRICT
HAMIRPUR, H.P. DOR 23.06.2016.
24. ASHA KUMARI W/O SHRI RAJ
KUMAR SAINI, VILLAGE BALAUNI,
PO BHAMBLA, TEHSIL
BALDWARA, DISTRICT MANDI,
H.P. PRESENTLY WORKING AS
TGT (ARTS) AT GOVT. MIDDLE
SCHOOL BASSI, U/C GSSS
BHAMBLA, DISTRICT MANDI, H.P.
DOA 23.06.2015
25. MEENA KUMARI W/O SHRI
MEHAR SINGH PRO VILLAGE &
PO MUNDKHAR, TEHSIL
BHORANJ, DISTRICT HAMIRPUR,
H.P. PRESENTLY WORKING AS
TGT (ARTS) AT GOVT. HIGH
SCHOOL KAKKAR, DISTRICT
HAMIRPUR, H.P. DOR 23.06.2015.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
14
...PETITIONERS
(SH. MANDEEP CHANDEL,
ADVOCATE)
.
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
(EDUCATION) GOVT. OF
HIMACHAL PRADESH, SHIMLA.
2. THE DIRECTOR ELEMENTARY
EDUCATION, DIRECTORATE OF
ELEMENTARY EDUCATION,
LALPANI, SHIMLA, H.P.
3. THE JOINT CONTROLLER (F&A)
DIRECTORATE OF ELEMENTARY
EDUCATION, H.P., SHIMLA.
4. THE DEPUTY DIRECTOR
ELEMENTARY
r EDUCATION,
SHIMLA, H.P.
5. THE DEPUTY DIRECTOR
ELEMENTARY EDUCATION,
MANDI, H.P.
6. THE DEPUTY DIRECTOR
ELEMENTARY EDUCATION,
HAMIRPUR, H.P.
7. THE DEPUTY DIRECTOR
ELEMENTARY EDUCATION,
KULLU, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
13. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 136 OF 2020
Between:-
1. RITA DOGRA D/O SH. PREM
CHAND VILLAGE SAMAN, P.O.
SALAN, TEHSIL PALAMPUR,
DISTRICT KANGRA, H.P.
PRESENTLY WORKING AS TGT
ARTS AT GSSS GARH JAMULA,
DISTRICT KANGRA, H.P.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
15
2. SANDEEP SINGH GULERIA S/O
SH. DHARAM SINGH GULERIA,
VILLAGE BADGWAR, P.O.
BAWARNA, TEHSIL PALAMPUR,
.
DISTRICT KANGRA, H.P.
PRESENTLY WORKING AS TGT
MEDICAL AT GSSS GARH JAMULA,
DISTRICT KANGRA, H.P.
...PETITIONERS
(SH. VIKAS RAJPUT & SH.
SANJEEV KUMAR, ADVOCATES)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
2. DIRECTOR OF ELEMENTARY
EDUCATION SHIMLA, H.P.
3. PRINCIPAL SECRETARY (FINANCE)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
14. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 2085 OF 2020
Between:-
SMT. BINDU PARMAR, WIFE OF
SHRI KULDEEP, RESIDENT OF
MOHALLA HARDASPURA
CHAMBA, TEHSIL & DISTRICT
CHAMBA, PRESENTLY WORKING
AS PGT/LECTURER ENGLISH AT
GOVERNMENT SENIOR
SECONDARY SCHOOL (GIRLS)
CHAMBA.
...PETITIONER
(SH. TANUJ THAKUR, ADVOCATE)
AND
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
16
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (EDUCATION) TO THE
.
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
2. DIRECTOR OF HIGHER
EDUCATION SHIMLA, HIMACHAL
PRADESH.
3. PRINCIPAL SECRETARY FINANCE
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
4. DEPUTY DIRECTOR HIGHER
EDUCATION, CHAMBA, DISTRICT
CHAMBA.
5. PRINCIPAL GOVERNMENT SENIOR
SECONDARY SCHOOL (GIRLS)
CHAMBA, DISTRICT CHAMBA,
HIMACHAL PRADESH.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
15. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 3938 OF 2020
Between:-
BABU RAM (RTD. FOREMEN) S/O
SH. GHUNGAR RAM, R/O VILLAGE
KANSA CHOWK, P.O. DHABAN
TEHSIL BALH, DISTT. MANDI, H.P.
...PETITIONER
(SH. H. S. RANGRA, ADVOCATE)
AND
1. THE SECRETARY (I&PH) GOVT. OF
HIMACHAL PRADESH, SHIMLA,
H.P.
2. THE SUPERINTENDING
ENGINEER, I&PH, CIRCLE
SUNDER NAGAR, DISTT. MANDI,
H.P.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
17
3. THE EXECUTIVE ENGINEER, I&PH
DIVISION BAGGI DISTT. MANDI,
H.P.
4. THE SR. ACCOUNTANT GENERAL
.
A.G. OFFICE SHIMLA-3 H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE
SH. BALRAM SHARMA, ASGI, FOR
RESPONDENT NO. 4)
16. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4486 OF 2020
Between:-
SHRI PUSHAP DEV SON OF SHRI
CHAMAN LAL SHARMA,
RESIDENT OF VILLAGE BARA
GAON, TEHSIL KUMARSAIN,
DISTRICT SHIMLA, HIMACHAL
PRADESH, PRESENTLY WORKING
AS TGT (M) AT GHS BHARERI,
UNDER ESTABLISHMENT
HEADMASTER GHS BHARERI,
TEHSIL KUMARSAIN, DISTRICT
SHIMLA, H.P.
...PETITIONER
(SH. VINAY SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
2. DIRECTOR OF ELEMENTARY
EDUCATION SHIMLA, HIMACHAL
PRADESH.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
18
OFFICER, FOR RESPONDENTS-
STATE)
17. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4618 OF 2020
.
Between:-
SHIV LAL (RETD. PUMP OPT.) S/O
SH. HIMMAT RAM, R/O VILLAGE
KHANDHLA, P.O. KUMMI TEHSIL
BALH, DISTT. MANDI, H.P.
...PETITIONER
(SH. H. S. RANGRA, ADVOCATE)
AND
1. THE SECRETARY (I&PH) GOVT. OF
HIMACHAL PRADESH, SHIMLA,
H.P.
2. THE SUPERINTENDING
ENGINEER, I&PH CIRCLE SUNDER
NAGAR, DISTT. MANDI, H.P.
3. THE EXECUTIVE ENGINEER, I&PH
DIVISION SUNDER NAGAR, DISTT.
MANDI, H.P.
4. THE SR. ACCOUTNANT GENERAL,
A.G. OFFICE SHIMLA-3 H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE
SH. BALRAM SHARMA, ASGI, FOR
RESPONDENT NO. 4)
18. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4778 OF 2020
Between:-
DESH RAJ SON OF SH. SHER
SINGH, RESIDENT OF VILLAGE
GHALAIN, P.O. AND TEHSIL
KANDAGHAT, DISTT. SOLAN, H.P.
PRESENTLY SERVING AS LAB
TECHNICIAN IN GOVT.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
19
POLYTECHNIC FOR WOMEN
KANDAGHAT, DISTT. SOLAN, H.P.
...PETITIONER
(SH. A. K. GUPTA, ADVOCATE)
.
AND
1. STATE OF H. P. THROUGH
PRINCIPAL SECRETARY
(TECHNICAL EDUCATION) WITH
HEADUARTERS AT SHIMLA-2, H.P.
2. THE DIRECTOR OF TECHNICAL
EDUCATION WITH
HEADQUARTERS AT SUNDER
NAGAR, DISTT. MANDI, H.P.
3. THE PRINCIPAL, GOVT.
POLYTECHNIC FOR WOMEN
KANDAGHAT, DISTT. SOLAN, H.P.
r ...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
19. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4806 OF 2020
Between:-
SHRI PALA SINGH SON OF SHRI
KUNDAN SINGH, RESIDENT OF
VILLAGE AND P.O. MATTER,
TEHSIL NAHAN, DISTT. SIRMOUR,
H.P. PRESENTLY SERVING AS
CENTRE HEAD TEACHER, GOVT.
PRIMARY SCHOOL MATTER,
TEHSIL NAHAN, DISTT. SIRMOUR,
H.P.
...PETITIONER
(SH. A. K. GUPTA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
20
2. THE DIRECTOR OF ELEMENTARY
EDUCATION WITH
HEADQUARTERS AT SHIMLA, H.P.
3. THE DEPUTY DIRECTOR OF
.
ELEMENTARY EDUCATION WITH
HEADQUARTERS AT NAHAN,
DISTT. SIRMOUR, H.P.
4. THE TREASURY OFFICER, NAHAN,
DISTT. SIRMOUR, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
20. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 5316 OF 2020
Between:-
SH. VISHWA NATH SHARMA, S/O
LATE PHOOL CHAND SHARMA,
R/O VILLAGE PAWLI, P.O. ROHRU,
TEHSIL ROHRU, DISTT. SHIMLA,
H.P. PRESENTLY WORKING AS
SHASTRI IN GOVT. MIDDLE
SCHOOL JUNIDHAR, UNDER
COMPLEX SR. SEC. SCHOOL BOYS
ROHRU, DISTRICT SHIMLA, H.P.
...PETITIONER
(SH. V. D. KHIDTTA, ADVOCATE)
AND
1. STATE OF H. P. THROUGH ITS
SECRETARY (EDUCATION) GOVT.
OF H.P. SHIMLA-2
2. THE DIRECTOR OF ELEMENTARY
EDUCATION HIMACHAL
PRADESH, SHIMLA-1
3. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, DISTRICT SHIMLA,
H.P.
4. THE PRINCIPAL GOVT. SR. SEC.
SCHOOL ROHRU (BOYS) TEHSIL
ROHRU, DISTT. SHIMLA, H.P.
...RESPONDENTS
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
21
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
.
OFFICER, FOR RESPONDENTS-
STATE)
21. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 5459 OF 2020
Between:-
BIHARI LAL SON OF SHRI SAGRU
RAM 56 YEARS (MASON) O/O
ASSISTANT ENGINEER, SHIMLA
SUB DIVISION NO. 1, HPPWD,
SHIMLA 171003.
...PETITIONER
(SH. P. P. CHAUHAN, ADVOCATE)
AND
1. STATE OF H. P. THROUGH
SECRETARY (PWD) TO THE
GOVERMENT OF H.P., SHIMLA
H.P.
2. ENGIEER-IN-CHIEF, HPPWD,
SHIMLA, H.P.
3. EXECUTIVE ENGINEER, SHIMLA
DIVISION NO. 1, HPPWD,
SHIMLA, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
22. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 5461 OF 2020
Between:-
ASHOK KUMAR S/O SHRI KEWAL
RAM AGED ABOUT 53 YEARS
PRESENTLY WORKING AS WORK
INSPECTOR AT SHIMLA DIVISION
NO. 1, HPPWD, SHIMLA 171003
R/O SHIVASHISH COTTAGE DABRI
LINE PHAGLI, SHIMLA, H.P.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
22
...PETITIONER
(SH. P. P. CHAUHAN, ADVOCATE)
AND
.
1. STATE OF H. P. THROUGH
SECRETARY (PWD) TO THE
GOVERMENT OF H.P., SHIMLA
H.P.
2. ENGIEER-IN-CHIEF, HPPWD,
SHIMLA, H.P.
3. EXECUTIVE ENGINEER, SHIMLA
DIVISION NO. 1, HPPWD,
SHIMLA, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT
CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
23. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 5660 OF 2020
Between:-
SMT. MADHU SHARMA W/O TILAK
RAJ SHARMA, RESIDENT OF
VILLAGE AND PO KOTLA, TEHSIL
JAWALI, DISTRICT KANGRA, H.P.
...PETITIONER
(SH. ANUJ NAG, ADVOCATE)
AND
1. STATE OF H. P. THROUGH
SECRETARY (EDUCATION),
GOVERMENT OF H.P., SHIMLA.
2. DIRECTOR OF ELEMENTARY
EDUCATION, H.P. SHIMLA.
3. BLOCK ELEMENTARY EDUCATION
OFFICER, MASHOBRA, DISTRICT
SHIMLA.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
23
OFFICER, FOR RESPONDENTS-
STATE)
24. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 5974 OF 2020
.
Between:-
YASH PAL (RETIRED AS SUB
INSPECTOR, HRTC UNA UNIT) S/O
LATE SHRI DEV RAJ, R/O HOUSE
NO. 621, GALI NO. 1, SHIVALIK
ENCLAVE, BHARWAIN, ROAD,
HOSHIARPUR -14661, PUNJAB.
...PETITIONER
(SH. S. P. CHATTERJI, ADVOCATE)
AND r
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS
MANAGING DIRECTOR, OLD BUS
STAND, SHIMLA 171003, H.P.
2. THE DIVISIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, MANDI DIVISION,
MANDI, H.P.
3. THE REGIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, UNA UNIT, UNA,
DISTRICT UNA, H.P.
...RESPONDENTS
(SH. AJAY CHAUHAN, ADVOCATE).
25. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 6005 OF 2020
Between:-
LEELA SINGH (RETIRED AS
FITTER, HRTC, KULLU), S/O LATE
SHRI SHER SINGH, R/O VILLAGE
BASHING, P.O. BABELI, TEHSIL &
DISTRICT KULLU, H.P.
...PETITIONER
(SH. S. P. CHATTERJI, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
24
MANAGING DIRECTOR, OLD BUS
STAND, SHIMLA 171003, H.P.
2. FINANCIAL ADVISTOR-CUM-CHIEF
ACCOUNTS OFFICER, HRTC, OLD
.
BUS STAND, SHIMLA 171003,
H.P.
3. DIVISIONAL MANAGER,
HIMACHAL RD. TPT.
CORPORATION, MANDI DIVISION,
MANDI, H.P.
4. THE REGIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, KULLU, H.P.
...RESPONDENTS
(SH. AJAY CHAUHAN, ADVOCATE)
26. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 6031 OF 2020
Between:-
SHYAM LAL S/O LATE SHRI
CHURU RAM, CONDUCTOR,
HIMACHAL ROAD TRANSPORT
CORPORATION, SUNDER NAGAR
UNIT, SUNDER NAGAR, DISTRICT
MANDI, HIMACHAL PRADESH,
H.P.
...PETITIONER
(SH. S.P. CHATTERJI, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS
MANAGING DIRECTOR, OLD BUS
STAND, SHIMLA 171003, H.P.
2. THE REGIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, SUNDER NAGAR,
DISTRICT MANDI, H.P.
3. THE REGIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, RAMPUR
BUSHEHAR, RAMPUR, DISTRICT
SHIMLA, H.P.
...RESPONDENTS
(SH. AJAY CHAUHAN, ADVOCATE)
27. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 6231 OF 2020
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
25
Between:-
SHRI HARBER SINGH SON OF
.
LATE SHRI NARSINGH DUTT,
RESIDENT OF GHALOG, POST
OFFICE KAAO, TEHSIL KARSOG,
DISTRICT MANDI, HIMACHAL
PRADESH, EX.-JE IPH DIVISION
THUNAG (SERAJ), DISTRICT
MANDI.
...PETITIONER
(SH. A. K. GUPTA, ADVOCATE)
AND
1.
THROUGH
SECRETARY
GOVERNMENT
PRADESH.
ITS
(IPH)
r OF
TO
STATE OF HIMACHAL PRADESH
PRINCIPAL
THE
HIMACHAL
2. ENGINEER-IN-CHIEF, IPH, US
CLUB, SHIMLA, H.P.
3. SUPERINTENDING ENGINEER IPH
CIRCLE SUNDER NAGAR,
DISTRICT MANDI, HIMACHAL
PRADESH.
4. THE EXECUTIVE ENGINEER IPH
DIVISION THUNAG (SERAJ),
DISTRICT MANDI, H.P.
5. EXECUTIVE ENGINEER, IPH
DIVISION KARSOG, DISTRICT
MANDI, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
28. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 6793 OF 2020
Between:-
1. RAJU RAM SON OF SH. NAIN
SINGH, VPO & TEHSIL RAJGARH,
DISTRICT SIRMOUR (HP)
PRESENTLY WORKING AS JUNIOR
BASIC TEACHER (JBT) AT
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
26
GOVERNMENT PRIMARY SCHOOL
BADGLA, EDUCATION BLOCK
RAJGARH, DISTRICT SIRMOUR
H.P.
.
2. SUSHIL KUMAR SON OF SH. JIYA
LAL SHARMA, PRESENTLY
WORKING AS JUNIOR BASIC
TEACHER (JBT) AT GOVERNMENT
PRIMARY SCHOOL ANJI-PJERLI,
EDUCATION BLOCK RAJGARH,
DISTRICT SIRMOUR (H.P.)
3. JABAR SINGH SON OF SH. PANIA
RAM, PRESENTLY WORKING AS
JUNIOR BASIC TEACHER (JBT) AT
GOVERNMENT PRIMARY SCHOOL
BHAT-KA-SYANA, EDUCATION
BLOCK RAJGARH, DISTRICT
SIRMOUR, H.P.
4.
INTZAR SINGH S/O SH. DEEP
RAM, PRESENTLY WORKING AS
JUNIOR BASIC TEACHER (JBT) AT
GOVERNMENT PRIMARY SCHOOL
BHALAG, EDUCATION BLOCK
RAJGARH, DISTRICT SIRMOUR,
H.P.
5. VIVEK SHARMA SON OF SH. HEM
DUTT SHARMA, PRESENTLY
WORKING AS JUNIOR BASIC
TEACHER (JBT) AT GOVERNMENT
PRIMARY SCHOOL CHAKHAL
DUNGISER, EDUCTION BLOCK
RAJGARH, DISTRICT SIRMOUR,
H.P.
6. BABLU RAM SON OF SH. KUNNU
RAM, PRESENTLY WORKING AS
JUNIOR BASIC TEACHER (JBT) AT
GOVERNMENT PRIMARY SCHOOL
SHALECH, CENTRE KOTLA-BANGI,
EDUCATION BLOCK RAJGARH,
DISTRICT SIRMOUR, H.P.
7. MEENA KUMARI D/O SH VIDYA
DUTT SHARMA, PRESENTLY
WORKING AS JUNIOR BASIC
TEACHER (JBT) AT GOVERNMENT
PRIMARY SHCOOL REHRI GUSEM,
CENTRE GPS BHANOG,
EDUCATION BLOCK RAJGARH,
DISTRICT SIRMOUR, H.P.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
27
8. DESH RAJ SON OF SH. RANDEV
SINGH, PRESENTLY WORKING AS
JUNIOR BASIC TEACHER (JBT) AT
GOVERNMENT PRIMARY SCHOOL
.
BADGLA, EDUCATION BLOCK
RAJGARH, DISTRICT SIRMOUR,
H.P.
...PETITIONERS
(SH. PARKASH SHARMA,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS SECRETARY
(EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2.
2. DIRECTOR OF
r ELEMENTARY
EDUCATION, HIMACHAL
PRADESH, SHIMLA-1.
3. DEPUTY DIRECTOR OF
ELEMENTARY EDUCATION,
NAHAN, DISTRICT SIRMOUR, H.P.
4. BLOCK ELEMENTARY EDUCATION
OFFICER, RAJGARH, DISTRICT
SIRMOUR, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
29. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 7283 OF 2020
Between:-
SH. TARA CHAND S/O LATE SHRI
RAM SARAN, R/O VILLAGE
MANJHROT, POST OFFICE
CHAMBI, TEHSIL SUNDER NAGAR,
DISTRICT MANDI (H.P.),
INSPECTOR (RETIRED),
HIMACHAL ROAD TRANSPORT
CORPORATION, SUNDER NAGAR,
DISTRICT MANDI, H.P.
...PETITIONER
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
28
(SH. RAKESH KUMAR DOGRA,
ADVOCATE)
AND
.
1. THE HIMACHAL ROAD
TRANSPORT CORPORATION
THROUGH ITS MANAGING
DIRECTOR, SHIMLA - 171 003
(H.P.)
2. THE REGIONAL MANAGER, NOW
DY. DIVISIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, SUNDER NAGAR,
DISTRICT MANDI (H.P.)
...RESPONDENTS
(MS. SHUBH MAHAJAN,
ADVOCATE)
30. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 7450 OF 2020
Between:-
CHHERING DORJE (FOREMAN,
HRTC, KEYLONG DEPOT) S/O
LATE SHIR TANZIN DORJE R/O
VILLAGE DARCHA, P.O. DARCHA,
TEHSIL KEYLONG, DISTRICT
LAHAUL & SPITI, H.P.
...PETITIONER
(SH. S. P. CHATTERJI, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS
MANAGING DIRECTOR, OLD BUS
STAND, SHIMLA 171003, H.P.
2. THE DIVISIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, MANDI DIVISION,
MANDI 175001, H.P.
3. THE REGIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, KEYLONG UNIT,
KEYLONG, DISTRICT LAHAUL &
SPITI, H.P.
...RESPONDENTS
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
29
(SH. S. V. BHARDWAJ,
ADVOCATE)
31. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 7457 OF 2020
.
Between:-
SH. RAMESH KUMAR GUPTA S/O
SH. BANI PARSAD AGED 73
YEARS (RETIRED
SUPERINTENDENT GRADE II)
FROM HPSEB LTD. VIDYUT
BHAWAN, SHIMLA 4. PERMANENT
R/O VILLAGE NAGROTA, P.O. &
TEHSIL BALDWARA, DISTT.
MANDI, H.P.
...PETITIONER
(SH. R. K. SHARMA, ADVOCATE)
AND
1. HPSEB LTD. THROUGH
EXECUTIVE DIRECTOR VIDYUT
BHAWAN, SHIMLA-4.
2. ACCOUNTS OFFICER (PENSION)
HPSEB (P&A) WING VIDYUT
BHAWAN, SHIMLA - 4
...RESPONDENTS
(SH. PAL VERMA, ADVOCATE)
32. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 7532 OF 2020
Between:-
PARDEEP KUMAR (PRESENTLY
WORKING AS INSPECTOR, HRTC,
BILASPUR) S/O LATE SHRI DILA
RAM, R/O VILLAGE PUNHAN, P.O.
BERI RAZDYAN, TEHSIL SADAR,
DISTRICT BILASPUR, HIMACHAL
PRADESH, H.P.
...PETITIONER
(SH. S. P. CHATTERJI, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
30
MANAGING DIRECTOR, OLD BUS
STAND, SHIMLA 171003, H.P.
2. THE DIVISIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
.
CORPORATION, HAMIRPUR
DIVISION, HAMIRPUR, H.P.
3. THE REGIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, BILASPUR UNIT,
BILASPUR
...RESPONDENTS
(SH. AJAY CHAUHAN, ADVOCATE)
33. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 7537 OF 2020
Between:- r
SURJEET SINGH (RETIRED CHIEF
INSPECTOR, HRTC, BILASPUR
UNIT) S/O LATE SHRI INDER
SINGH, VILLAGE KHARIAN, P.O.
BAMTA, TEHSIL SADAR, DISTRICT
BILASPUR, HIMACHAL PRADESH.
...PETITIONER
(SH. S. P. CHATTERJI, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS
MANAGING DIRECTOR, OLD BUS
STAND, SHIMLA 171003, H.P.
2. THE DIVISIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, HAMIRPUR
DIVISION, HAMIRPUR, H.P.
3. THE REGIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, BILASPUR UNIT,
BILASPUR
...RESPONDENTS
(SH. AJAY CHAUHAN, ADVOCATE)
34. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 7594 OF 2020
Between:-
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
31
ASHOK KUMAR S/O SH. LATE
KALI DAS, R/O VILLAGE
DHAGWANI, P.O. KHAUDA,
TEHSIL DHARAMPUR, DISTT.
.
MANDI, H.P. (PRESENTLY
SERVING AS TECHNICIAN, GR.-I
AT PWD (ELECT.) DIVISION
MANDI, H.P.
...PETITIONER
(SH. A. K. GUPTA, ADVOCATE)
AND
1. STATE OF H.P. THROUGH
PRINCIPAL SECRETARY (PWD)
H.P. GOVT. SECRETARIAT,
SHIMLA-171 002
2. PRINCIPAL SECRETARY
(FINANCE),
rH.P. GOVT.
SECRETARIAT, SHIMLA-171 002
3. SPECIAL SECRETARY CUM
DIRECTOR, TREASURY,
ACCOUNTS & LOTTERIES, SDA
COMPLEX KUSUMPATI, SHIMLA-
09
4. ENGINEER-IN-CHIEF (PWD),
NIRMAN BHAWAN, SHIMLA-02
5. EXECUTIVE ENGINEER (ELECT.),
HPPWD ELECTRICAL DIVISION
MANDI, DISTT. MANDI, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
35. CIVIL WRIT PETITION NO. 1330 OF 2021
Between:-
SH. SURESH KUMAR SHARMA,
S/O LATE SH. NATHU RAM, R/O
VPO MASERAN, TEHSIL
SARKAGHAT, DISTT. MANDI, H.P.
RETIRED AS SUPERINTENDENT,
O/O HPSEB ELECTRICAL
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
32
DIVISION, SARKAGHAT, DISTT.
MANDI, H.P.
...PETITIONER
(SH. PEEYUSH VERMA,
.
ADVOCATE)
AND
1. H. P. STATE ELECTRICITY BAORD,
VIDYUT BHAWAN, SHIMLA 0 171
004 THROUGH ITS SECRETARY.
2. THE CHIEF ACCOUNTS OFFICER,
H.P. STATE ELECTRICITY BAORD,
VIDYUT BHAWAN, SHIMLA -
171004
3. THE SENIOR EXECUTIVE
ENGINEER, HPSEB ELECTRICAL
DIVISION, SARKAGHAT, DISTT.
MANDI, H.P.
...RESPONDENTS
(SH. VIKRANT THAKUR,
ADVOCATE)
36. CIVIL WRIT PETITION NO. 1351 OF 2021
Between:-
1. CHAIN RAM S/O LATE SH. SUMI
RAM, RESIDENT OF VILLAGE
SHALOG, POST OFFICE BAYUNI,
TEHSIL NIRMAND, DISTRICT
KULLU, H.P. PRESENTLY
WORKING AS BELDAR, AT I&PH
SUB-DIVISION NIRMAND, ANNI,
DISTRICT KULLU, H.P.
2. KESHAV RAM S/O SH. LUHARI
RAM, RESIDENT OF VILLAGE
SHALOG, POST OFFICE BAYUNI,
TEHSIL NIRMAND, DISTRICT
KULLU, H.P. PRESENTLY
WORKING AS BELDAR, AT I&PH
SUB DIVISION NIRMAND, ANNI,
DISTRICT KULLU, H.P.
3. SHYAM LAL S/O SH. KIMTU RAM,
RESIDENT OF VILLAGE SHALOG,
POST OFFICE BAYUNI, TEHSIL
NIRMAND, DISTRICT KULLU, H.P.
PRESENTLY WORKING AS
BELDAR, AT I&PH SUB DIVISION
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
33
NIRMAND, ANNI, DISTRICT
KULLU, H.P.
4. ISHWAR DASS S/O LATE SH.
KAMLA NAND, RESIDENT OF
.
VILLAGE AND POST OFFICE
BAYUNI, TEHSIL NIRMAND,
DISTRICT KULLU, H.P. PRESENTLY
WORKING AS BELDAR, AT I&PH
SUB DIVISION NIRMAND, ANNI,
DISTRICT KULLU, H.P.
5. RAM LAL S/O SH. CHET RAM,
RESIDENT OF VILLAGE SHINGI
BHAG, POST OFFICE NISHANI,
TEHSIL NIRMAND, DISTRICT
KULLU, H.P. PRESENTLY
WORKING AS BELDAR, AT I&PH
SUB DIVISION NIRMAND, ANNI,
DISTRICT KULLU, H.P.
6.
MANGAT RAM, S/O SH. CHET
RAM, RESIDENT OF VILLAGE
GUSHANI, POST OFFICE NISHANI,
TEHSIL NIRMAND, DISTRICT
KULLU, H.P. PRESENTLY
WORKING AS BELDAR, AT I&PH
SUB DIVISION NIRMAND, ANNI,
DISTRICT KULLU, H.P.
7. TABE RAM S/O SH. DILE RAM,
RESIDENT OF VILLAGE KHAREH,
POST OFFICE BYUNI, TEHSIL
NIRMAND, DISTRICT KULLU, H.P.
PRESENTLY WORKING AS
BELDAR, AT I&PH SUB DIVISION
NIRMAND, ANNI, DISTRICT
KULLU, H.P.
8. KESHAV RAM S/O LATE SH. TOLU
RAM, RESIDENT OF VILLAGE
DOOL, POST OFFICE ARSU,
TEHSIL NIRMAND, DISTRICT
KULLU, H.P. PRESENTLY
WORKING AS BELDAR, AT I&PH
SUB DIVISION NIRMAND, ANNI,
DISTRICT KULLU, H.P.
...PETITIONERS
(SH. SANJEEV KUMAR SURI,
ADVOCATE)
AND
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
34
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (JAL
SHAKTI VIBHAG) TO THE GOVT.
OF HIMACHAL PRADESH,
.
SHIMLA-2.
2. ENGINEER-IN-CHIEF, JAL SHAKTI
VIBHAG, JAL SHAKTI BHAWAN,
TUTI KANDI, SHIMLA-5.
3. EXECUTIVE ENGINEER, JAL
SHAKTI VIBHAG, DIVISION ANNI,
DISTRICT KULLU, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
37. CIVIL WRIT PETITION NO. 1456 OF 2021
Between:-
BALI RAM S/O LATE SH.
BHUNGAR RAM, RESIDENT OF
VILLAGE KAKERH, P.O.
DARLAGHAT, TEHSIL ARKI,
DISTRICT SOLAN, H.P.
...PETITIONER
(SH. RAJNEESH K. LAL,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRIVATE SECRETARY-
CUM-FINANCIAL COMMISSIONER
(REVENUE) TO THE GOVERNMENT
OF HIMACHAL PRADESH.
2. STATE OF H.P. THROUGH
PRINCIPAL SECRETARY
(REVENUE) TO THE GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA-2.
3. STATE OF H.P. THROUGH UNDER
SECRETARY (REVENUE) TO THE
GOVT. OF HIMACHAL PRADESH,
SHIMLA-2.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
35
4. DIVISIONAL COMMISSIONER,
SHIMLA DIVISION, DISTRICT
SHIMLA-171 002.
5. COLLECTOR, SHIMLA DIVISION,
.
DISTRICT SHIMLA-171002
6. ASSISTANT COMMISSIONER TO
THE DIVISIONAL COMMISSIONER,
SHIMLA DIVISION, SHIMLA-2.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
38. CIVIL WRIT PETITION NO. 2276 OF 2021
Between:-
SH. PREM CHAND SON OF SH.
SHIV NAND, RESIDENT OF
VILLAGE BARMAN, P.O. JAMTA,
TEHSIL NAHAN, DISTT. SIRMOUR,
H.P. EX. FOREST WORKER,
FORESTS DIVISION NAHAN,
DISTT. SIRMOUR, H.P.
...PETITIONER
(SH. A. K. GUPTA, ADVOCATE)
AND
1. STATE OF H. P. THROUGH THE
PRINCIPAL SECRETARY
(FORESTS) WITH HEADQUARTERS
AT SHIMLA, H.P.
2. THE PRINCIPAL CHIEF
CONSERVATOR OF FORESTS
WITH HEADQUARTERS AT
SHIMLA, H.P.
3. THE CONSERVATOR OF FORESTS,
FORESTS CIRCLE NAHAN, DISTT.
SIRMOUR, H.P.
4. THE DIVISIONAL FOREST
OFFICER, FORESTS DIVISION
NAHAN, DISTT. SIRMOUR, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
36
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
.
39. CIVIL WRIT PETITION NO. 2545 OF 2021
Between:-
GAURI LAL S/O LATE SHRI PHINU
RAM R/O V&P.O. BAJAURA,
TEHSIL BHUNTAR, DISTRICT
KULLU, H.P. (PRESENTLY
WORKING AS INSPECTOR, HRTC,
KULLU UNIT, KULLU, H.P.)
...PETITIONER
(SH. S. P. CHATTERJI, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS
MANAGING DIRECTOR, OLD BUS
STAND, SHIMLA 171 003, H.P.
2. DIVISIONAL MANAGER, H.R.T.
CORPORATION, MANDI DIVISION,
MANDI, H.P.
3. REGIONAL MANAGER, H.R.T.
CORPORATION, KULLU UNIT,
KULLU, H.P.
...RESPONDENTS
(SH. VIKAS RAJPUT, ADVOCATE)
40. CIVIL WRIT PETITION NO. 3403 OF 2021
Between:-
DR. RUCHI SHARMA, W/O LATE
VIKAS SHARMA, PERMANENT
RESIDENT OF VPO DAULATPUR
CHOWK, TEHSIL & DISTRICT UNA,
H.P. ASSISTANT PROFESSOR,
GOVT. P.G. COLLEGE, UNA,
DISTRICT UNA, H.P.
...PETITIONER
(SH. BHUVNESH SHARMA & SH.
RAMAKANT SHARMA,
ADVOCATES)
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
37
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
.
SECRETARY EDUCATION TO THE
GOVT. OF HIMACHAL PRADESH,
SHIMLA - 171 002.
2. DIRECTOR, HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-
171 001.
3. PRINCIPAL, GOVERNMENT P.G.
COLLEGE, UNA, DISTRICT UNA,
H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
41. CIVIL WRIT PETITION NO. 3687 OF 2021
Between:-
SMT. NIMA SHERPIN WIFE OF
LATE SH. PREMBA, RESIDENT OF
VILLAGE AND P.O. MANALI,
TEHSIL MANALI, DISTT. KULLU,
H.P. EX. BELDAR, HPPWD
DIVISION KULLU, DISTT. KULLU,
H.P.
...PETITIONER
(SH. A. K. GUPTA, ADVOCATE)
AND
1. STATE OF H. P. THROUGH THE
PRINCIPAL SECRETARY (PWD)
WITH HEADQUARTERS AT
SHIMLA, H.P.
2. THE ENGINEER-IN-CHIEF, HPPWD
WITH HEADQUARTERS AT
NIRMAN BHAWAN, SHIMLA-2.
3. THE EXECUTIVE ENGINEER,
HPPWD DIVISION KULLU, DISTT.
KULLU, H.P.
...RESPONDENTS
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
38
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
.
OFFICER, FOR RESPONDENTS-
STATE)
42. CIVIL WRIT PETITION NO. 3812 OF 2021
Between:-
SMT. SANTOSH KUMARI W/O SH.
AMAR NATH, R/O VILLAGE & P.O.
UIPPER MOHAL, TEHSIL
BHUNTAR, DISTRICT KULLU, H.P.
RETIRED CENTRAL HEAD
TEACHER, DEPARTMENT OF
ELEMENTARY EDUCATION, STATE
OF H.P., SHIMLA.
...PETITIONER
(SH. PEEYUSH VERMA,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH THE PRINCIPAL
SECRETARY (EDUCATION), STATE
OF H.P., SHIMLA.
2. THE DIRECTOR, DEPARTMENT OF
ELEMENTARY EDUCATION, STATE
OF H.P., SHIMLA.
3. THE DEPUTY DIRECTOR
EDUCATION, DEPARTMENT OF
EDUCATION, DISTRICT KULLU,
H.P.
4. THE BLOCK ELEMENTARY
EDUCATION OFFICER, KULLU
BLOCK, DISTRICT KULLU, H.P.
5. THE ACCOUNTANT GENERAL,
STATE OF H.P., SHIMLA-1
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
39
SH. SHASHI SHIRSHOO, CENTRAL
GOVERNMENT COUNSEL, FOR
RESPONDENT NO. 5)
.
43. CIVIL WRIT PETITION NO. 4238 OF 2021
Between:-
GOVARDHAN DASS SON OF SHRI
BHAGWAN DASS, RESIDENT OF
VILLAGE BALDHAR, POST OFFICE
BALDHAR, TEHSIL NAGROTA
BAGWAN, DISTRICT KANGRA,
H.P.
...PETITIONER
(SH. VISHWA BHUSHAN,
ADVOCATE) r
AND
1. THE STATE OF HIMACHAL
PRADESH THROUGH THE
ADDITIONAL CHIEF SECRETARY-
CUM-FINANCIAL COMMISSIONER
(REVENUE) TO THE GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA-2.
2. THE SETTLEMENT OFFICER,
KANGRA DIVISION AT
DHARAMSHALA, DISTRICT
KANGRA, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
44. CIVIL WRIT PETITION NO. 4289 OF 2021
Between:-
DESH RAJ SON OF SHRI BHAGI
RATH, RESIDENT OF VILLAGE
GHARAN, POST OFFICE BARI,
TEHSIL HAMIRPUR, DISTRICT
HAMIRPUR, H.P.
...PETITIONER
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
40
(SH. VISHWA BHUSHAN,
ADVOCATE)
AND
.
1. THE STATE OF HIMACHAL
PRADESH THROUGH THE
ADDITIONAL CHIEF SECRETARY-
CUM-FINANCIAL COMMISSIONER
(REVENUE) TO THE GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA-2.
2. THE SETTLEMENT OFFICER,
KANGRA DIVISION AT
DHARAMSHALA, DISTRICT
KANGRA, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
45. CIVIL WRIT PETITION NO. 4506 OF 2021
Between:-
BHUPINDER PAL, S/O LATE SH.
ACHHRU RAM, AGED ABOUT 57
YEARS, PRESENTLY WORKING AS
A PAINTER (GDE-I) AT HPPWD
SUB DIVISION NO. 8, KASUMPTI,
R/O SHARMA NIWAS, KUNDAN
COTTAGE, SANJAULI, SHIMLA-
171006, H.P.
...PETITIONER
(SH. P. P. CHAUHAN, ADVOCATE)
AND
1. THE STATE OF H. P. THORUGH
SECRETARY (PWD) TO THE
GOVERNMENT OF H.P., SHIMLA,
H.P.
2. ENGINEER-IN-CHIEF, HPPWD,
SHIMLA, H.P.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
41
3. EXECUTIVE ENGINEER, SHIMLA
DIVISION NO. 1, HPPWD,
SHIMLA, H.P.
...RESPONDENTS
.
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
46. CIVIL WRIT PETITION NO. 4742 OF 2021
Between:-
OFFICE
BHADREHAR,
NIRMLA DEVI WIFE OF LATE SHRI
SATISH KUMAR, RESIDENT OF
VILLAGE SATREHAR, POST
TEHSIL
NAGROTA BAGWAN, DISTRICT
KANGRA, H.P. AT PRESENT
WORKING AS PEON IN THE
OFFICE OF THE SETTLEMENT
OFFICER, KANGRA, DIVISION AT
DHARAMSHALA, DISTRICT
KANGRA, H.P.
...PETITIONER
(SH. VISHWA BHUSHAN,
ADVOCATE)
AND
1. THE STATE OF HIMACHAL
PRADESH THROUGH THE
ADDITIONAL CHIEF SECRETARY-
CUM-FINANCIAL COMMISSIONER
(REVENUE) TO THE GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA-2.
2. THE SETTLEMENT OFFICER,
KANGRA DIVISION AT
DHARAMSHALA, DISTRICT
KANGRA, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
42
OFFICER, FOR RESPONDENTS-
STATE)
47. CIVIL WRIT PETITION NO. 4745 OF 2021
.
Between:-
MAYA DEVI WIDOW OF LATE SHRI
DESH RAJ, RESIDENT OF VILLAGE
AND POST OFFICE UPRALI KOTHI,
TEHSIL NAGROTA BAGWAN,
DISTRICT KANGRA, H.P.
...PETITIONER
(SH. VISHWA BHUSHAN,
ADVOCATE)
AND r
1. THE STATE OF HIMACHAL
PRADESH THROUGH THE
ADDITIONAL CHIEF SECRETARY-
CUM-FINANCIAL COMMISSIONER
(REVENUE) TO THE GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA-2.
2. THE SETTLEMENT OFFICER,
KANGRA DIVISION AT
DHARAMSHALA, DISTRICT
KANGRA, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
48. CIVIL WRIT PETITION NO. 4897 OF 2021
Between:-
SURENDER SINGH S/O SH.
PRITEM SINGH, R/O VILLAGE
MUNGLA, POST OFFICE
GAHIDHAR, TEHSIL BANJAR,
DISTRICT KULLU, HIMACHAL
PRADESH.
...PETITIONER
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
43
(SH. Y. P. S. DHAULTA,
ADVOCATE)
AND
.
1. HIMACHAL PRADESH STATE
ELECTRICITY BOARD LTD.
THROUGH ITS EXECUTIVE
DIRECTOR (PERSONNEL) VIDYUT
BHAWAN, KUMAR HOUSE,
SHIMLA-4.
2. SUPERINTENDING ENGINEER,
OPERATION CIRCLE, HPSEB LTD.,
KULLU, DISTRICT KULLU, H.P.
...RESPONDENTS
(SH. LAKSHAY THAKUR,
ADVOCATE. r
49. CIVIL WRIT PETITION NO. 5063 OF 2021
Between:-
MR. RAVINDER KUMAR, SON OF
LATE SH. BRISTU RAM, RESIDENT
OF ROSHAN NIWAS, VILLAGE
MEHLI, P.O. MALYANA, TEHSIL
AND DISTRICT SHIMLA, H.P.,
PRESENTLY WORKING AS FITTER,
GRADE-I IN MUNICIPAL
CORPORATION, SHIMLA, H.P.
...PETITIONER
(SH. ROMESH VERMA,
ADVOCATE)
AND
1. THE PRINCIPAL SECRETARY
(URBAN DEVELOPMENT)
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
2. ADDITIONAL GENERAL
MANAGER, WATER DISTRIBUTION
SHIMLA JAL PRABANDHAN
NIGAM LIMITED, SHIMLA-171001.
3. COMMISSIONER, MUNICIPAL
CORPORATION, SHIMLA-171001,
H.P.
...RESPONDENTS
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
44
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
.
OFFICER, FOR RESPONDENTS-
STATE
SH. NARESH K. GUPTA,
ADVOCATE, FOR MUNICIPAL
CORPORATION)
50. CIVIL WRIT PETITION NO. 5644 OF 2021
Between:-
VIDYA SAGAR SHARMA, S/O LATE
SH. BALAK RAM SHARMA, AGED
65 YEARS, PRESENTLY RETIRED
AS STORE CLERK FROM HPPWD
SUB DIVISION KOTKHAI, R/O
VILL. DEORI, P.O. BAGHAR, TEH.
KOTKHAI, DISTT. SHIMLA (HP)
...PETITIONER
(SH. P. P. CHAUHAN, ADVOCATE)
AND
1. STATE OF H.P. THROUGH
SECRETARY (PWD) TO THE
GOVERNMENT OF H.P. SHIMLA,
H.P.
2. ENGINEER-IN-CHIEF, HPPWD,
SHIMLA, H.P.
3. EXECUTIVE ENGINEER, SHIMLA
DIVISION NO. 1, HPPWD,
SHIMLA, HP.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
51. CIVIL WRIT PETITION NO. 6487 OF 2021
Between:-
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
45
NARESH KUMAR SON OF SHRI
AMAR NATH, RESIDENT OF
VILLAGE DHALYANI, POST OFFICE
BHAPRAL, TEHSIL GHUMARWIN,
.
DISTRICT BILASPUR, H.P.
PRESENTLY WORKING AS
LECTURER IN ENGLISH AT GSSS
SARAUNJH, TEHSIL PADDAR,
DISTRICT MANDI, H.P.
...PETITIONER
(SH. SURINDER PRAKASH
SHARMA, ADVOCATE)
AND
1.
THROUGH ITS
STATE OF HIMACHAL PRADESH
PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT
PRADESH.
OF HIMACHAL
2. DIRECTOR OF HIGHER
EDUCATION LALPANI, SHIMLA,
HIMACHAL PRADESH.
3. THE PRINCIPAL, GSSS SARAUNJH,
TEHSIL PADDAR, DISTRICT
MANDI, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
52. CIVIL WRIT PETITION NO. 6573 OF 2021
Between:-
SH. MANOHAR LAL S/O LATE SH.
DHANI RAM, RESIDENT OF
VILLAGE DONRU, P.O. NAVGAON,
TEHSIL ARKI, DISTRICT SOLAN,
H.P. PRESENTLY POSTED AS
SENIOR TYREMAN, HRTC, RURAL
UNIT-3, DHALLI, SHIMLA.
...PETITIONER
(SH. NEEL KAMAL SHARMA,
ADVOCATE)
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
46
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS
.
MANAGING DIRECTOR, SHIMLA-3
2. DIVISIONAL MANAGER (ADMIN)
HIMACHAL ROAD TRANSPORT
CORPORATION, SHIMLA-171003.
3. REGIONAL MANAGER, HIMACHAL
ROAD TRANSPORT
CORPORATION, SHIMLA-171003.
...RESPONDENTS
(SH. AJAY CHAUHAN, ADVOCATE)
53. CIVIL WRIT PETITION NO. 6586 OF 2021
Between:- r
JEEVAN KUMAR S/O SHRI BABU
RAM, R/O VPO KUDDI, TEHSIL
BHATYAT, DISTRICT CHAMBA, H.P.
...PETITIONER
(SH. ANUP RATTAN, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY
EDUCATION TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA
2. DIRECTOR ELEMENTARY
EDUCATION, HIMACHAL
PRADESH, SHIMLA.
3. DEPUTY DIRECTOR ELEMENTARY
EDUCATION, CHAMBA, DISTRICT
CHAMB, H.P.
4. PRINCIPAL, GSSS AWAN, TEHSIL
BHATYAT, DISTRICT CHAMBA, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
54. CIVIL WRIT PETITION NO. 6794 OF 2021
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
47
Between:-
SUSHMA KUMARI (AGED 58
.
YEARS) WIFE OF SH. VIJAYENDER
SINGH RESIDENT OF VILLAGE
MARYOG, POST OFFICE GAURA,
TEHSIL PACHHAD, DISTRICT
SIRMOUR, H.P. 173024
...PETITIONER
(SH. TARA SINGH CHAUHAN,
ADVOCATE)
AND
1. STATE OF HIAMCHAL PRADESH
THROUGH ADDITIONAL CHIEF
SECRETARY EDUCATION, TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
2. DIRECTOR, ELEMENTARY
EDUCATION, GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA
3. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, DISTRICT SIRMOUR
AT NAHAN, H.P.
4. PRINCIPAL, GOVT. SENIOR
SECONDARY SCHOOL, DARO
DEVERIA, DISTRICT SIRMOUR,
H.P.
5. PRINCIPAL ACCOUNTANT
GENERAL (A&E) HIMACHAL
PRADESH, SHIMLA 171003.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE
SH. BALRAM SHARMA, ASGI, FOR
RESPONDENT NO. 5)
55. CIVIL WRIT PETITION NO. 7147 OF 2021
Between:-
SURENDER KUMAR (AGED 48
YEARS) SON OF SIYA RAM, R/O
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
48
VILLAGE & P.O. BANOR, TEHSIL
PAONTA SAHIB, DISTRICT
SIRMOUR, H.P. 173025.
...PETITIONER
.
(SH. VINOD CHAUHAN,
ADVOCATE)
AND
1. STATE OF HIAMCHAL PRADESH
THORUGH ADDITIONAL CHIEF
SECRETARY EDUCATION TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
2. DIRECTOR, ELEMENTARY
EDUCATION, GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
3. DEPUTY DIRECTOR, ELEMENTARY
EDUCATION, DISTRICT SIRMOUR
AT NAHAN, H.P.
4. PRINCIPAL, GOVT. SENIOR
SECONDARY SCHOOL (BOYS)
PAONTA SAHIB, DISTRICT
SIRMOUR, H.P.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE)
56. CIVIL WRIT PETITION NO. 7259 OF 2021
Between:-
ASHA DEVI WIFE OF SHRI
MOHINDR KISHORE, R/O VILLAGE
& P.O. SUSH, TEHSIL ANNI,
DISTRICT KULLU, H.P.
...PETITIONER
(SH. MOHAR CHAND, ADVOCATE)
AND
1. STATE OF H.P. THROUGH
PRINCIPAL SECRETARY
(EDUCATION) TO THE
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
49
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2
2. THE DIRECTOR OF ELEMENTARY
EDUCATION, GOVERNMENT OF
.
H.P., SHIMLA-1.
3. THE DEPUTY DIRECTOR OF
ELEMENTARY KULLU, DISTRICT
KULLU, H.P.
4. PRINCIPAL, GSSS ANNI, DISTRICT
KULLU, HIMACHAL PRADESH.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE) r
57. CIVIL WRIT PETITION NO. 8113 OF 2021
Between:-
BHAG CHAND AGED ABOUT 67
YEARS SON OF SHRI NAND RAM,
RESIDENT OF VILLAGE KOTISHIL,
P.O. SUSH, TEHSIL ANNI,
DISTRICT KULLU, H.P.
...PETITIONER
(SH. DALEEP SINGH KAITH,
ADVOCATE)
AND
1. STATE OF H.P. THROUGH ITS
SECRETARY (PW) TO THE
GOVERNMENT OF HIAMCHAL
PRADESH, SHIMLA-171002
2. ENGINEER-IN-CHIEF, HPPWD,
NIRMAN BHAWAN, NIGAM VIHAR,
SHIMLA-171002
3. EXECUTIVE ENGINEER, OUTER
SERAJ DIVISION HPPWD,
NIRMAND, DISTRICT KULLU, H.P.
4. ACCOUNTANT GENERAL (A&E)
HIMACHAL PRADESH, SHIMLA-
171003.
...RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. VINOD THAKUR, SH. SHIV
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
50
PAL MANHANS, ADDL. AGS. AND
SH. RAJAT CHAUHAN, LAW
OFFICER, FOR RESPONDENTS-
STATE
.
SH. BALRAM SHARMA, ASGI, FOR
RESPONDENT NO. 4)
58. CIVIL ORIGINAL PETITION CONTEMPT NO. 33 OF 2021
Between:-
SH. TARA CHAND S/O LATE SH.
RAM SARAN, R/O VILLAGE
MANJHROT, POST OFFICE
CHAMBI, TEHSIL SUNDER NAGAR,
DISTRICT MANDI (H.P.),
INSPECTOR (RETD.), HIMACHAL
ROAD
r TRANSPORT
CORPORATION, SUNDER NAGAR,
DISTRICT MANDI (H.P.)
...PETITIONER
(SH. RAKESH KUMAR DOGRA,
ADVOCATE)
AND
1. SHRI SANDEEP KUMAR, IAS,
MANAGING DIRECTOR,
HIMACHAL ROAD TRANSPORT
CORPORATION, OLD BUS STAND,
SHIMLA-171003, H.P.
2. SHRI VINOD KUMAR, REGIONAL
MANAGER NOW DEPUTY
DIVISIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, SUNDER NAGAR,
DISTRICT MANDI (H.P.)
...RESPONDENTS
(MS. SHUBH MAHAJAN,
ADOVCATE)
RESERVED ON: 07.03.2022
These Petitions coming on for hearing this day, the Hon'ble Mr.
Justice Tarlok Singh Chauhan, passed the following:-
ORDER
::: Downloaded on - 24/03/2022 20:12:04 :::CIS
51
The petitioners are either serving, retired .
government servants or their successors and since the recovery has been ordered to be effected from them or their predecessors, they have approached this Court for quashing of such recoveries.
2. When these cases were taken up for hearing, the parties were ad idem that before proceeding to decide each case individually, the Court should lay down certain broad guidelines under which recoveries by the employer(s) would be permissible/impermissible in law.
3. The principles for allowing recovery of over payments are well laid down through series of judgments of the Hon'ble Supreme Court. The earlier view that such recoveries should not be permitted unless over payment can be attributed to fraud or misrepresentation on part of the employee, has undergone major changes.
4. In case of Col. B. J. Akkara (Retd.) vs. Government of India and others (2006) 11 SCC 709, it was observed as under:-
"28. Such relief, restraining recovery back of excess payment, is granted by courts not because of any right in the employees, but in equity, in exercise of judicial discretion, to relieve the employees, from the hardship that will be caused if recovery is implemented. A Government servant, particularly one in the lower rungs ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 52 of service would spend whatever emoluments he receives for the upkeep of his family. If he receives an excess payment for a long period, he would spend it genuinely .
believing that he is entitled to it. As any subsequent action to recover the excess payment will cause undue hardship to him, relief is granted in that behalf. But where the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or where the error is detected or corrected within a short time of wrong payment, Courts will not grant relief against recovery. The matter being in the realm of judicial discretion, courts may on the facts and circumstances of any particular case refuse to grant such relief against recovery."
5. Later in case of Syed Abdul Qadir vs. State of Bihar, (2009) 3 SCC 475, the Hon'ble Supreme Court observed as under:-
"59. Undoubtedly, the excess amount that has been paid to the appellants - teachers was not because of any misrepresentation or fraud on their part and the appellants also had no knowledge that the amount that was being paid to them was more than what they were entitled to. It would not be out of place to mention here that the Finance Department had, in its counter affidavit, admitted that it was a bona fide mistake on their part. The excess payment made was the result of wrong interpretation of the rule that was applicable to them, for which the appellants cannot be held responsible. Rather, the whole confusion was because of inaction, negligence and carelessness of the officials concerned of the Government of Bihar. Learned counsel appearing on behalf of the appellants-teachers submitted that majority ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 53 of the beneficiaries have either retired or are on the verge of it. Keeping in view the peculiar facts and circumstances of the case at hand and to avoid any hardship to the .
appellants-teachers, we are of the view that no recovery of the amount that has been paid in excess to the appellants-teachers should be made."
6. Both these decisions in cases of Col. B. J. Akkara (Retd.) and Syed Abdul Qadir (supra), were well considered by the Hon'ble Supreme Court in case of Chandi Prasad Uniyal and Ors. vs. State of Uttrakahand and Ors. (2012) 8 SCC 417, wherein it was observed as under:-
"14. We are concerned with the excess payment of public money which is often described as "tax payers money"
which belongs neither to the officers who have effected over-payment nor that of the recipients. We fail to see why the concept of fraud or misrepresentation is being brought in such situations. Question to be asked is whether excess money has been paid or not may be due to a bona fide mistake. Possibly, effecting excess payment of public money by Government officers, may be due to various reasons like negligence, carelessness, collusion, favouritism etc. because money in such situation does not belong to the payer or the payee. Situations may also arise where both the payer and the payee are at fault, then the mistake is mutual. Payments are being effected in many situations without any authority of law and payments have been received by the recipients also without any authority of law. Any amount paid/received without authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 54 an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment.
.
15. We are, therefore, of the considered view that except few instances pointed out in Syed Abdul Qadir case (supra) and in Col. B. J. Akkara (Retd.) case (supra), the excess payment made due to wrong/irregular pay fixation can always be recovered.
16. The appellants in the appeal will not fall in any of these exceptional categories, over and above, there was a stipulation in the fixation order that in the condition of irregular/wrong pay fixation, the institution in which the appellants were working would be responsible for recovery of the amount received in excess from the salary/pension. In such circumstances, we find no reason to interfere with the judgment of the High Court. However, we order the excess payment made be recovered from the appellant's salary in twelve equal monthly installments starting from October 2012."
7. The entire case law was reviewed by the Hon'ble Supreme Court in its decision in State of Punjab and others vs. Rafiq Masih (White Washer) and others (2015) 4 SCC 334 (2), in which the Hon'ble Supreme Court laid down the following principles and guidelines:-
18. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law:::: Downloaded on - 24/03/2022 20:12:04 :::CIS 55
(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).
.
(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.
8. However, it needs to be noticed that an issue regarding recovery of excess amount from retired employees or employees who are due to retire within one year, again came up before the Hon'ble Supreme Court in High Court of Punjab and Haryana & Ors. vs. Jagdev Singh (2016) 14 SCC 267, wherein, it was held that the principle that recovery from retired employees or employees who are due to retire within one year of order of recovery is impermissible is inapplicable where officer to whom payment was made in first instance was clearly put on notice that excess payment was found to have been made would be required to be refunded.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS 569. It is apt to quote relevant observations as contained in paras 10 to 12 of the judgment, which reads as under:-
.
10. In State of Punjab & Ors etc. vs. Rafiq Masih (White Washer) etc1. this Court held that while it is not possible to postulate all situations of hardship where payments have mistakenly been made by an employer, in the following situations, a recovery by the employer would be impermissible in law:
"(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).
r (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover." (emphasis supplied).
11 The principle enunciated in proposition (ii) above cannot apply to a situation such as in the present case. In the present case, the officer to whom the payment was ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 57 made in the first instance was clearly placed on notice that any payment found to have been made in excess would be required to be refunded. The officer furnished an .
undertaking while opting for the revised pay scale. He is bound by the undertaking.
12 For these reasons, the judgment of the High Court which set aside the action for recovery is unsustainable. However, we are of the view that the recovery should be made in reasonable instalments. We direct that the recovery be made in equated monthly instalments spread over a period of two years.
10. Learned counsel for the petitioners led by Mr. Y. P. S. Daulta, Mr. A. K. Gupta, Mr. P. P. Chauhan, Mr. V. D. Khidta, Mr. Peeyush Verma, Mr. Romesh Verma, Mr. Neel Kamal Sharma, Mr. S. P. Chatterji, Mr. Ramakant sharma, Mr. K. B. Khajuria and Mr. Vishwa Bhushan, learned Advocates, would argue that various High Courts have interpreted both the judgments i.e. Rafiq Masih and Jagdev Singh cases (supra) and have held that even in case of Class-III & IV employees, despite undertaking, recoveries cannot be effected solely on the strength of Jagdev Singh case (supra).
11. On the other hand, learned Advocate General would argue that the judgment rendered by the Hon'ble Supreme Court in Rafiq Masih's case (supra), with all due respect, does not lay down the correct law, as it has failed to take into ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 58 consideration the judgment rendered by three Hon'ble Judges in the reference made to it.
.
We have heard learned counsel for the parties and have gone through the judgments referred here-in-above.
12. It would be evident from the various judgments delivered by the Hon'ble Supreme Court from time to time that the facts and circumstances of every case have to be examined and appreciated on their own merit to discern whether the re-
fixation and recovery in question was warranted or justified.
Exceptional circumstances that call for complete justice must be taken note of while deciding the fate of the action initiated. The court must strike or balance to ensure and seek that whether the re-fixation and recovery ordered is iniquitous or unfair on the one hand or whether the corresponding right of the employer to recover the amount is greater. It has to be seen as to whether the recovery has a harsh and arbitrary effect on the employee. In deciding so, the court must also bear in mind that the concerned employee would normally not have any vested right in the excess amount received by him.
13. It would further be noticed that the guidelines laid down by the Hon'ble Supreme Court in Rafiq Masih's case (supra) are not rigid and rather flexible and, therefore, also all ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 59 the cases pertaining to recovery have to be decided on their own facts and circumstances.
.
14. Now, coming to the next question as to whether even in the case of undertakings given by Class-III and Class-IV employees, recovery can be effected solely on the strength of Jagdev Singh's case (supra), the answer is clearly in negative.
15. Firstly, the undertaking given by the respondent in Jagdev Singh's case (supra), while opting for the revised pay-
scale, was in pursuance of the Haryana Civil Service (Judicial Branch) and Haryana Superior Judicial Service Revised Pay Rules, 2001. Since the respondent had submitted an undertaking under the said Rules that he would refund to the Government any amount paid to him in excess either by adjustment against future payment due or otherwise, he was held to be bound by such undertaking.
16. Additionally, the respondent had not retired from service on superannuation but he was compulsorily retired from service. Also, the respondent being a judicial officer was not holding a Class-III/Group-C post on the date he was compulsorily retired. It is in such circumstances that the Supreme Court held that the respondent was bound by the undertaking given by him and that the Government was justified in its action of seeking to recover excess payment that was made.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS 6017. There is yet another reason for us to hold that the ratio in Jagdev Singh's case (supra) has no applicability .
because of situations (i) and (iii) forming part of paragraph - 18 of Rafiq Masih (supra). Situation (i) clearly bars recovery from employees belonging to Class-III/Group-C service. Further, situation (iii) bars recovery from employees when excess payment has been made for a period in excess of five years before the order of recovery is issued.
18. Now, a very ardous situation would arise that even though recoveries from employees belonging to Class-III/Group-C cannot be made in terms of situation (i) (supra) while in service, such recovery could be made from the retired Class-III/Group-C employees who have either retired or are due for retirement within one year of the order of recovery. It would lead us to a situation that although there could be a declaration given by a Class-III/Group-C employee while in service that excess payment could be recovered from him from future salary to be paid to him, which cannot be recovered in terms of situation (i), but in terms of situation (ii), as interpreted in Jagdev Singh's case (supra) recovery could be effected from his retirement benefits after the relationship of employer-employee ceases to subsist.
19. The Hon'ble Supreme Court in Rafiq Masih's case (supra) has consciously carved out situation (v) (supra), ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 61 proceeding on the premise that recovery from retirement benefits, by asking the retired employee to refund excess .
amount, if any, received by him, if found to be iniquitous and arbitrary and thereby causing hardship, such step ought to be avoided.
20. Once this be the reason, it would be far-fetched to state that what the employer (State) cannot resort to against Class-III/Group-C employee while he is in service, such employer would be empowered to do so after retirement of the Class-
III/Group-C employee. Obviously, if accepted, the same would amount to a distorted interpretation of the situations in Rafiq Masih's case (supra), which has to be eschewed.
21. Accordingly, we are of the considered view that the observations made in para-11 of the Jagdev Singh's case (supra) must be confined to Class-I/Group-A and Class-II/Group-
B officers. Therefore, we are inclined to uphold that despite undertaking given by Class-III / Group-C and Class-IV / Group-D employee, recovery cannot be effected solely on the strength of Jagdev Singh's case (supra).
22. As regards the submissions made by learned Advocate General, Rafiq Masih (2) does not lay down correct law as it was in conflict of Rafiq Masih (1), we are not inclined to accept this submission in view of the earlier judgments of the ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 62 Hon'ble Supreme Court, which have been taken note of Rafiq Masih (2).
.
23. We may, however, give a brief recapitulation of all the judgments, which were rendered by the Hon'ble Supreme Court.
a)Shyam Babu Verma vs. Union of India ((1994) 2 SCC 521);
b) Sahib Ram v. State of Haryana(1995 Supp (1) SCC 18);
c) Col. B.J. Akkara (retd.) vs. Government of India and Ors. ((2006) 11 SCC 709);
d) Syed Abdul Qadir and Ors. vs. State of Bihar and Ors. ((2009) 3 SCC 475).
e)State of Bihar vs. PandyJagdishwar Prasad ((2009) 3 SCC
117); and
f)Yogeshwar Prasad and Ors. vs. National Institute of Education Planning and Administration and Ors. ((2010) 14 SCC 323);
24. In Shaym Babu Verma vs. Union of India (1994) 2 SCC 521, three judges of the Hon'ble Supreme Court held that the revision was erroneous but since the recovery and refixation was after eleven years from the original fixation of pay, the sudden reduction of pay scale, and that too, after many years, would not only affect the employees financially, but their seniority as well. They thus held that it would not be just or proper to recover the excess amount paid.
25. In Sahib Ram vs. State of Haryana (1995) Supp.
(1) SCC 18, the employees therein had not possessed the ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 63 required education qualifications for the relaxation that had been granted to them. However, the relaxation having been granted .
and salary having been paid based on such regularisation, it was concluded that excess payment should not be recovered applying the principles of equal pay for equal work.
26. Then again, three Judges of the Hon'ble Supreme Court in Syed Abdul Qadir's case (supra) reiterated the same opinion as in the case of Col. B.J. Akkara, noting, as an additional factor, that the teachers from whom recovery was sought to be made had either retired or were on the verge of retirement.
27. In Yogeshwar Prasad and Ors. vs. National Institute of Education Planning and Administration and Ors. (2010) 14 SCC 323, the Bench had opined that recovery should not be resorted to unless it was a case of misrepresentation or fraud by the employee concerned. The observations of the Hon'ble Supreme Court in the case of Col. B.J. Akkara (supra), were extracted to the effect that the restraint placed on recovery has its basis on the exercise of judicial discretion to relieve the employees from such hardship as will be caused by the recovery and not for the reason that the court believes that the employees have any vested right to the amounts that they have been paid in excess. Thus, the sine qua ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 64 non for such recovery is the hardship caused to the employee and no other reason.
.
28. The aforesaid cases were distinguished in Chandi Prasad Uniyal and Ors. vs. State of Uttrakhand and Ors.
(2012) 8 SCC 417, whereas the Hon'ble Bench noticing that the relief granted as against recovery had been in the peculiar circumstances of those cases, such as prejudice or the hardship that would be caused to those employees, either by reason of the long distance of time between the refixation and recovery or they having retired or being imminent for retirement.
29. Since those circumstances did not arise in Uniyal's case, the Bench was not inclined to follow their ratio. They were concerned with the deployment of public money in an improper or inappropriate manner. This question being uppermost in their minds, they concluded that the categories of cases cited before them involved exceptional circumstances but could not be taken as the norm.
30. The conclusion was that recovery, once made, of amounts admittedly erroneously paid to an employee, must be confirmed except if the recovery fell within the category of exceptional circumstances as enumerated above. In that case, the order of recovery was confirmed.
::: Downloaded on - 24/03/2022 20:12:04 :::CIS 6531. Since there appeared to be a cleavage of opinion between the decisions of the Hon'ble Division Benches in the .
cases of Shyam Babu Verma and Sahib Ram on the one hand, and Chandi Prasad Uniyal on the other, the question of recovery of excess payments came to be referred to a larger Bench of the Hon'ble Supreme Court, comprising three judges.
32. By a decision dated 18.12.2014, the question was answered by the larger Bench, that held that there was really no dichotomy at all as contemplated. The matters were thus returned holding that there was no question of law to be decided.
The Bench noted that in Chandi Prasad Uniyal's case, the relief had been granted in terms of Article 136 of the Constitution of India, whereas in the cases of Shyam Babu Verma and Sahib Ram, the relief had been granted in terms of Article 142 of the Constitution.
33. The scope and ambit of the two judgments was thus entirely different and this is what the Hon'ble Bench says in conclusion at paragraphs 8 to 14:
"8. As between two parties, if a determination is rendered in favour of the party, which is the weaker of the two, without any serious detriment to the other (which is truly a welfare State), the issue resolved would be in consonance with the concept of justice, which is assured to the citizens of India, even in the preamble of the Constitution of India. The right to recover being pursued ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 66 by the employer, will have to be compared, with the effect of the recovery on the concerned employee. If the effect of the recovery from the concerned employee would be, .
more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer to recover the amount, then it would be iniquitous and arbitrary, to effect the recovery. In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover.
9. The doctrine of equality is a dynamic and evolving concept having many dimensions. The embodiment of the doctrine of equality, can be found in Articles 14 to 18, contained in Part III of the Constitution of India, dealing with "Fundamental Rights". These Articles of the Constitution, besides assuring equality before the law and equal protection of the laws; also disallow, discrimination with the object of achieving equality, in matters of employment; abolish untouchability, to upgrade the social status of an ostracized section of the society; and extinguish titles, to scale down the status of a section of the society, with such appellations. The embodiment of the doctrine of equality, can also be found in Articles 38, 39, 39A, 43 and 46 contained in Part IV of the Constitution of India, dealing with the "Directive Principles of State Policy". These Articles of the Constitution of India contain a mandate to the State requiring it to assure a social order providing justice - social, economic and political, by inter alia minimizing monetary inequalities, and by securing the right to adequate means of livelihood, and by providing for adequate wages so as to ensure, an appropriate standard of life, and by promoting economic interests of the weaker sections.::: Downloaded on - 24/03/2022 20:12:04 :::CIS 67
10. In view of the afore-stated constitutional mandate, equity and good conscience, in the matter of livelihood of the people of this country, has to be the basis of all .
governmental actions. An action of the State, ordering a recovery from an employee, would be in order, so long as it is not rendered iniquitous to the extent, that the action of recovery would be more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, to recover the amount. Or in other words, till such time as the recovery would have a harsh and arbitrary effect on the employee, it would be permissible in law. Orders passed in given situations repeatedly, even in exercise of the power vested in this Court under Article 142 of the Constitution of India, will disclose the parameters of the realm of an action of recovery (of an excess amount paid to an employee) which would breach the obligations of the State, to citizens of this country, and render the action arbitrary, and therefore, violative of the mandate contained in Article 14 of the Constitution of India.
11. For the above determination, we shall refer to some precedents of this Court wherein the question of recovery of the excess amount paid to employees, came up for consideration, and this Court disallowed the same. These are situations, in which High Courts all the country, repeatedly and regularly set aside orders of recovery made on the expressed parameters.
12. Reference may first of all be made to the decision in Syed Abdul Qadir v. State of Bihar, (2009) 3 SCC 475, wherein this Court recorded the following observation in paragraph 58:::: Downloaded on - 24/03/2022 20:12:04 :::CIS 68
"58. The relief against recovery is granted by courts not because of any right in the employees, but in equity, exercising judicial discretion to relieve the .
employees from the hardship that will be caused if recovery is ordered. But, if in a given case, it is proved that the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or in cases where the error is detected or corrected within a short time of wrong payment, the matter being in the realm of judicial discretion, courts may, on the facts and circumstances of any particular case, order for recovery of the amount paid in excess. See Sahib Ram v. State of Haryana, 1995 Supp. (1) SCC 18, Shyam Babu Verma v. Union of India, (1994) 2 SCC 521, Union of India v. M. Bhaskar, (1996) 4 SCC 416, V. Ganga Ram v. Director, (1997) 6 SCC 139, Col. B.J. Akkara(Retd.) v. Govt. of India, (2006) 11 SCC 709, Purshottam Lal Das v. State of Bihar, (2006) 11 SCC 492, Punjab National Bank v. Manjeet Singh, (2006) 8 SCC 647 and Bihar SEB v. Bijay Bahadur, " (emphasis supplied)
13.First and foremost, it is pertinent to note, that this Court in its judgment in Syed Abdul Qadir's case (supra) recognized, that the issue of recovery revolved on the action being iniquitous. Dealing with the subject of W.P. (MD)No.669 of 2018 the action being iniquitous, it was sought to be concluded, that when the excess unauthorised payment is detected within a short period of time, it would be open for the employer to recover the same. Conversely, if the payment had been made for a long duration of time, it would be iniquitous to make any recovery. Interference because an action is iniquitous, must really be perceived as, interference because the action is arbitrary. All arbitrary actions are truly, actions in violation of Article 14 of the Constitution of India. The logic ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 69 of the action in the instant situation, is iniquitous, or arbitrary, or violative of Article 14 of the Constitution of India, because it would be almost impossible for an .
employee to bear the financial burden, of a refund of payment received wrongfully for a long span of time. It is apparent, that a government employee is primarily dependent on his wages, and if a deduction is to be made from his/her wages, it should not be a deduction which would make it difficult for the employee to provide for the needs of his family. Besides food, clothing and shelter, an employee has to cater, not only to the education needs of those dependent upon him, but also their medical requirements, and a variety of sundry expenses. Based on the above consideration, we are of the view, that if the mistake of making a wrongful payment is detected within five years, it would be open to the employer to recover the same. However, if the payment is made for a period in excess of five years, even though it would be open to the employer to correct the mistake, it would be extremely iniquitous and arbitrary to seek a refund of the payments mistakenly made to the employee.
14.In this context, reference may also be made to the decision rendered by this Court in Shyam Babu Verma v. Union of India (1994) 2 SCC 521, wherein this Court observed as under:
"11. Although we have held that the petitioners were entitled only to the pay scale of Rs 330-480 in terms of the recommendations of the Third Pay Commission w.e.f. January 1, 1973 and only after the period of 10 years, they became entitled to the pay scale of Rs 330-560 but as they have received the scale of Rs 330-560 since 1973 due to no fault of theirs and that scale is being reduced in the year ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 70 1984 with effect from January 1, 1973, it shall only be just and proper not to recover any excess amount which has already been paid to them. Accordingly, .
we direct that no steps should be taken to recover or to adjust any excess amount paid to the petitioners due to the fault of the respondents, the petitioners being in no way responsible for the same."
34. It was after taking into consideration the entire law on the subject, the Hon'ble Supreme Court in Rafiq Masih (2) laid down guidelines relating to recovery in para-18 of its judgment (supra). Thus, in such circumstances, it cannot be said that Rafiq Masih (ii) does not lay down correct law.
35. In view of the aforesaid discussion, as held by Hon'ble Supreme Court in Rafiq Masih's case (supra), it is not possible to postulate all situations of hardship, where payments have mistakenly been made by the employer, yet in the following situations, recovery by the employer would be impermissible in law:-
(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).
(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.::: Downloaded on - 24/03/2022 20:12:04 :::CIS 71
(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a .
higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.
(vi) Recovery on the basis of undertaking from the employees essentially has to be confined to Class-
I/Group-A and Class-II/Group-B, but even then, the Court may be required to see whether the recovery would be iniquitous, harsh or arbitrary to such an extent, as would far overweigh the equitable balance of the employer's right to recover.
(vii) Recovery from the employees belonging to Class-III and Class-IV even on the basis of undertaking is impermissible.
(viii) The aforesaid categories of cases are by way of illustration and it may not be possible to lay down any precise, clearly defined, sufficiently channelised and inflexible gudielines or rigid formula and to give any exhaustive list of myriad kinds of cases. Therefore, each of such cases would be required to be decided on its own merit.
38. Thus, it would be clear that no inflexible rules regarding the recovery can be culled out and each case will have ::: Downloaded on - 24/03/2022 20:12:04 :::CIS 72 to be decided on its own merit keeping in view the broad guidelines as mentioned above.
.
List all these cases for hearing before the Division Bench on 18.04.2022.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) th 24 March, 2022 Judge (sanjeev) ::: Downloaded on - 24/03/2022 20:12:04 :::CIS