Himachal Pradesh High Court
Sh. Kali Dass Son Of Sh. Manglu vs State Of H.P. And Others. Learned ... on 22 February, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 22nd DAY OF FEBRUARY, 2022
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 487 OF 2022
Between :-
1. SH. KALI DASS SON OF SH. MANGLU
RAM, RESIDENT OF VILLAGE ROPRA,
P.O. PADWAHAN, TEHSIL PADHAR,
DISTT. MANDI, H.P. PRESENTLY
SERVING AS A CLASS IV EMPLOYEE
ON REGULAR BASIS IN FOREST
DIVISION MANDI, DISTT. MANDI, H.P.
2. SH. KHEM CHAND SON OF SH.
GURDHIAN, RESIDENT OF VILLAGE
BASADHAR, P.O. TAKHALI, TEHSIL
AND DISTT. MANDI, H.P. PRESENTLY
SERVING AS A CLASS IV EMPLOYEE
ON REGULAR BASIS IN FOREST
DIVISION MANDI, DISTT. MANDI, H.P.
3. SH. KEWAL KRISHAN SON OF SH.
CHUHRA RAM, RESIDENT OF VILLAGE
MASERAN, P.O. MAJHWAR, TEHSIL
AND DISTT. MANDI, H.P. PRESENTLY
SERVING AS A CLASS IV EMPLOYEE
ON REGULAR BASIS IN FOREST
DIVISION MANDI, DISTT. MANDI, H.P.
4. SMT. PAWALI DEVI (BABLI) WIFE OF
SH. NAGANU RAM, RESIDENT OF
VILLAGE ROPARU, P.O. NASLOH,
TEHSIL AND DISTT. MANDI, H.P.
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PRESENTLY SERVING AS A CLASS IV
EMPLOYEE ON REGULAR BASIS IN
FOREST DIVISION MANDI, DIST.
MANDI, H.P.
5. SMT. RAM PAYARI WIFE OF SH.
.
BHAWANI SINGH, RESIDENT OF
VILLAGE ROPARU, P.O. NASLOH,
TEHSIL AND DISTT. MANDI, H.P.
PRESENTLY SERVING AS A CLASS IV
EMPLOYEE ON REGULAR BASIS IN
FOREST DIVISION MANDI, DISTT.
MANDI, H.P.
...PETITIONERS
(BY MR. A.K. GUPTA, ADVOCATE)
AND r
1. STATE OF H.P. THROUGH THE
PRINCIPAL SECRETARY (FORESTS)
TO THE GOVT. OF H.P. WITH
HEADQUARTERS AT SHIMLA-2,
H.P.
2. THE PRINCIPAL CHIEF
CONSERVATOR OF FORESTS WITH
HEADQUARTERS AT SHIMLA, H.P.
3. THE CONSERVATOR OF FORESTS,
FORESTS CIRCLE MANDI, DISTT.
MANDI, H.P.
4. THE DIVISIONAL FOREST OFFICER,
FORESTS DIVISION MANDI, DISTT.
MANDI, H.P.
...RESPONDENTS
(MR. ASHOK SHARMA,
ADVOCATE GENERAL, WITH
MR. VIKAS RATHORE,
MS. RITTA GOSWAMI,
ADDITIONAL ADVOCATES GENERAL)
____________________________________________________
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This petition coming on for admission this day,
Hon'ble Ms. Justice Jyotsna Rewal Dua, passed the following :
ORDER
.
The petitioners are working as forest workers in Forest Division Mandi w.e.f. 01.01.1994. Their services were regularized in September, 2006. The claim of the petitioners in the instant petition is that they have been denied work charge status by the respondents on completion of 8 years of service.
2. Learned counsel for the petitioners submits that the issue raised in this petition has been decided on 24.04.2021 in CWPOA No. 6624 of 2019, titled Daulat Ram and others Vs. State of H.P. and others. Learned counsel submitted that all the inter-related issues have been discussed in the said judgment which has attained finality. He further submitted that the case of the petitioners is covered by the judgment in Daulat Ram's case (supra) and, therefore, the petitioners would be content in case the respondents/competent authority is directed to decide their claim for grant of work charge status on completion of 8 years of service in accordance with law and the judgment rendered in Daulat Ram's case supra. Learned Additional Advocate General has no objection to this prayer.
Considering the submissions made by learned counsel for the parties, without adverting to the merits of the ::: Downloaded on - 23/02/2022 20:11:15 :::CIS 4 case, we deem it proper to dispose of the instant writ petition by directing the respondents/competent authority to consider the claim of the petitioners for grant of work charge status to them on .
completion of 8 years of service in accordance with law and in light of the judgment dated 24.04.2021 in CWPOA No. 6624 of 2019, titled Daulat Ram and others Vs. State of H.P. and others. Appropriate decision by passing the speaking order in the matter be taken within a period of 2 months from today. Needless to observe that petitioners shall be at liberty to assail the consideration order in accordance with law in case the same is not in their favour. Pending applications, if any, also stand disposed of.
( Mohammad Rafiq ) Chief Justice 22nd February, 2022 (K) ( Jyotsna Rewal Dua ) Judge ::: Downloaded on - 23/02/2022 20:11:15 :::CIS