Himachal Pradesh High Court
Braham Dass vs Himachal Pradesh State Electricity ... on 14 December, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
LPA No.197 of 2022
.
Date of decision : 14th December, 2022
Braham Dass ...... Appellant
Versus
Himachal Pradesh State Electricity Board Limited and another
......Respondents
Coram:
The Hon'ble Ms. Justice Sabina, Judge.
The Hon'ble Mr. Justice Sushil Kukreja, Judge.
1
Whether approved for reporting?
For the Appellant : Mr. Ramakant Sharma and Mr. Parav Sharma,
Advocates.
For the Respondents : Nemo.
Sabina, Judge (oral)
Appellant has filed the Letters Patent Appeal, challenging the order dated 13.12.2021, passed by the learned Single Judge, whereby writ petition filed by the appellant, was dismissed.
2. Learned counsel for the appellant has submitted that the appellant was initially appointed on daily wage basis as a D.G. Set Operator and had worked as such for about 13 years. Thereafter, in the year, 1997, appellant was appointed as a Beldar on work charge basis and his services were 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 14/12/2022 20:33:28 :::CIS 2regularized as a Beldar on 1.9.2001. In fact, the services of the appellant were liable to be regularized as a D.G. Set Operator. In a similar case, .
Subhesh Chand, who was appointed as a Beldar, had been ordered to be regularized as a Carpenter by this Court from the date of his joining as a Beldar vide judgment dated 13.7.2010. Appellant by basing reliance on the said decision had filed the writ petition, seeking relief, that he was liable to be regularized as a D.G. Set Operator. Learned counsel for the appellant has further submitted that the learned Single Judge has erred in dismissing the writ petition filed by the appellant on the ground of delay and latches.
3. In support of his arguments, learned counsel for the appellant has based reliance on the decision of the Hon'ble Supreme Court in Mathew David vs. State of Kerala and Others, (2020) 14 SCC 577, wherein it has been held as under:-
"5. We have heard the learned counsel for the parties and perused the material on record. Shri G. Prakash, learned counsel for the State referred to the counter-affidavit filed by the Government in which the vacancy position was mentioned. Apart from Kumari Anitha at Serial No.1 and Sathyavrathan at Serial No.2 of the rank list, three more persons at Serial Nos.5, 6 and 21 of the rank list were appointed as per the direction of the High Court. It was mentioned that Shri Jayachandran P. was also appointed pursuant to a direction given by the High Court in Jayachandran P. v. State of Kerala, WP (C) No.35654 of 2009, decided on 20.3.2014. There is no serious dispute about the existence of vacancies of Pharmacist (Homoeopathy). Dr. Kylasanath Pillai, learned Senior Counsel appearing for the appellant submits that the ::: Downloaded on - 14/12/2022 20:33:28 :::CIS 3 appellant was periodically being engaged as Pharmacist (Homoeopathy) on daily-wage basis. We do not agree with the High Court that the appellant is not entitled for the relief .
which was granted to a person similarly situated to him i.e. Jayachandran P. on the ground of delay. The appellant resorted to redressal of his remedy in 2014 immediately after he learnt about the relief granted to Jayachandran P."
4. In the present case, admittedly, appellant was initially appointed as a D.G. Set Operator in a Project Circle by the respondents and he continued working as such for about 13 years. However, the Project where the appellant was engaged as a D.G. Set Operator, came to an end in the year, 1997 and thereafter appellant was appointed as a Beldar on work charge basis w.e.f. 4.10.1997. Appellant accepted the said post without raising any protest. Thereafter, appellant was regularized as a Beldar w.e.f. 1.9.2001.
Appellant did not raise any protest in this regard and accepted his regularization as a Beldar. Appellant had submitted in his representation dated 30.1.2016 that he was working as a Beldar since 4.10.1997. So far as the judgment passed in the case of Subhesh Chand is concerned, admittedly, the same was passed on 13.7.2010, whereas, appellant had filed the petition in September, 2016. Moreover, admittedly, in the case of Subhesh Chand, he was working as a Carpenter but had been regularized as a Beldar and, in this situation, he sought his regularization as a Carpenter w.e.f. the date of his joining as a Beldar on work charge basis. However, in the present case, appellant was working as a Beldar since 4.10.1997 and had been thereafter regularized as a Beldar w.e.f. 1.9.2001. Although, appellant had worked for about 13 years as a D.G. Set Operator, but the ::: Downloaded on - 14/12/2022 20:33:28 :::CIS 4 Project where he was engaged, came to an end in the year, 1997. Although, appellant was regularized as a Beldar in the year, 2001, but he had .
approached this Court in the year, 2016.
5. Learned Single Judge, after noticing the factual aspects of this case has rightly come to the conclusion that the relief claimed by the appellant could not be granted to the appellant as the writ petition filed by the appellant was hit by delay and latches. Moreover, the petitioner was working as a Beldar w.e.f. 4.10.1997 and had been regularized as a Beldar w.e.f.
1.9.2001. Appellant had not raised any protest at the time of his appointment as a Beldar or his regularization as a Beldar. Since the appellant was performing the duties of a Beldar, he was liable to be regularized as a Beldar.
The judgment relied upon by the learned counsel for the appellant fails to advance the case of the appellant as it is based on different facts.
6. After carefully going through the order passed by the learned Single Judge, we are of the opinion that the same does not warrant any interference by this Court in this Letters Patent Appeal.
7. Dismissed.
Pending miscellaneous application(s), if any, shall also stand disposed of.
( Sabina ) Judge ( Sushil Kukreja) Judge December 14, 2022 (ks) ::: Downloaded on - 14/12/2022 20:33:28 :::CIS