Himachal Pradesh High Court
Raksha Kumari Wife Of Shri vs State Of Himachal Pradesh on 12 July, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 12th DAY OF JULY, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 5230 OF 2019
Between:-
1. RAKSHA KUMARI WIFE OF SHRI
BELI RAM SHARMA, RESIDENT
OF VILLAGE GARLA KYARTOO,
POST OFFICE BHAROG-
BANERI, TEHSIL PAONTA
SAHIB, DISTRICT SIRMOUR
(H.P.), PRESENTLY WORKING
AS TAILORING TEACHER IN
GRAM PANCHAYAT BHAROG-
BANERI UNDER DEVELOPMENT
BLOCK PAONTA SAHIB,
DISTRICT SIRMOUR, H.P.
2. NIRMLA DEVI DAUGHTER OF
SHRI GULJARI LAL, RESIDENT
OF VILLAGE DOYANWALA,
POST OFFICE GIRINAGAR,
TEHSIL PAONTA SAHIB,
DISTRICT SIRMOUR, H.P.,
PRESENTLY WORKING AS
TAILORING TEACHER IN GRAM
PANCHAYAT RAMPUR
BHARAPUR UNDER
DEVELOPMENT BLOCK
PAONTA SAHIB, DISTRICT
SIRMOUR, H.P.
3. NEELAM KUMARI WIFE OF SHRI
SHYAM SINGH, RESIDENT OF
VILLAGE & P.O. KOLAR, TEHSIL
PAONTA SAHIB, DISTRICT
SIRMOUR, H.P., PRESENTLY
WORKING AS TAILORING
TEACHER IN GRAM
PANCHAYAT KOLAR UNDER
DEVELOPMENT BLOCK
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PAONTA SAHIB, DISTRICT
SIRMOUR, H.P.
4. SHARMILA KUMARI DAUGHTER
OF SHRI JANGBIR SINGH,
.
RESIDENT OF VILLAGE
MEHRAR, POST OFFICE
GIRINAGAR, TEHSIL PAONTA
SAHIB, DISTRICT SIRMOUR,
H.P., PRESENTLY WORKING AS
TAILORING TEACHER IN GRAM
PANCHAYAT PARDOONI
UNDER DEVELOPMENT BLOCK
PAONTA SAHIB, DISTRICT
SIRMOUR, H.P.
5. SARITA DEVI WIFE OF SHRI
CHANDER HAS, RESIDENT OF
VILLAGE MATAK
MAJRI, POST OFFICE MAJRA,
TEHSIL
PAONTA SAHIB,
DISTRICT SIRMOUR (H.P.),
PRESENTLY WORKING AS
TAILORING TEACHER IN GRAM
PANCHAYAT MAJRA UNDER
DEVELOPMENT BLOCK
PAONTA SAHIB, DISTRICT
SIRMOUR, H.P.
6. DAYAWATI DAUGHTER OF SHRI
UDAY SINGH, RESIDENT OF
VILLAGE DANDA, P.O.
AMBOYA, TEHSIL PAONTA
SAHIB, DISTRICT SIRMOUR,
H.P., PRESENTLY WORKING AS
TAILORING TEACHER IN GRAM
PANCHAYAT DANDA-PAGAR
UNDER DEVELOPMENT BLOCK
PAONTA SAHIB, DISTRICT
SIRMOUR, H.P.
7. HEMA KUMARI WIFE OF SHRI
RAJESH TOMAR, RESIDENT OF
HOUSE NO. 99/3, MEHTAB GALI,
BADRIPUR, TEHSIL PAONTA
SAHIB, DISTRICT SIRMOUR,
H.P., PRESENTLY WORKING AS
TAILORING TEACHER IN GRAM
PANCHAYAT MANPUR DEVORA
UNDER DEVELOPMENT BLOCK
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PAONTA SAHIB, DISTRICT
SIRMOUR, H.P.
8. KRISHNA THAKUR W/O SHRI
KIRPAL SINGH, RESIDENT OF
.
RAJBAN ADARSH COLONY,
POST OFFICE C.C.I. RAJBAN,
TEHSIL PAONTA SAHIB,
DISTRICT SIRMOUR, H.P,
PRESENTLY WORKING AS
TAILORING TEACHER IN GRAM
PANCHAYAT MUGLOWALA
KARTARPUR UNDER
DEVELOPMENT BLOCK
PAONTA SAHIB, DISTRICT
SIRMOUR, H.P.
r ..........PETITIONERS
(BY MR. PRASHANT SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS SECRETARY
(RURAL DEVELOPMENT) TO THE
GOVT. OF HIMACHAL PRADESH,
SHIMLA-171002.
2. THE DIRECTOR-CUM-SECRETARY
(PANCHAYATI RAJ) TO THE GOV
T. OF HIMACHAL PRADESH,
SHIMLA-171009.
3. BLOCK DEVELOPMENT OFFICER,
DEVELOPMENT BLOCK
POANTASAHIB, DISTRICT
SIRMOUR, H.P.
..........RESPONDENTS
(M/S SUMESH RAJ AND SANJEEV SOOD,
ADDL. AGS WITH MR. AMIT KUMAR DHUMAL,
DY.AG AND MR. MANOJ BAGGA, ASSTT. AG)
___________________________________________________________
Whether approved for reporting: No
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This petition coming on for hearing this day, the Court
passed the following:-
.
JUDGEMENT
By way of this petition, the petitioners have prayed for the following substantive relief:-
i) That the impugned order dated 17.01.2015 (Annexure A-12) may kindly be quashed and set aside, in view of the fact that the Respondent No. 2 has not taken into consideration Annexure A-6 while deciding the case of the applicants.
ii) That the respondents may kindly be directed to regularize the services of the applicants as Tailoring Teachers from the due date i.e. 2005, 2008, 2005, 2005, 2004, 2007, 2004, 2013, respectively with all consequential benefits in view of regularization policy of contractual employees (Annexure A-9), since the applicants have completed more than 8 to 16 years services as Tailoring Teachers on contract basis and the applicants were never appointed by the Gram Panchayat, but they have been appointed by Respondent No. 3, i.e. Block Development Officer as per Annexure A-6.::: Downloaded on - 12/07/2022 20:03:53 :::CIS 5
2. Mr. R.L. Chaudhary, learned Counsel for the petitioners submits that at this stage, the petitioners will be .
satisfied in case the writ petition is disposed of with the direction to the respondent-authorities to consider the case of the petitioners for regularization in terms of policies in vogue and pass appropriate orders thereupon within some reasonable time sympathetically, taking into consideration the period which has been devoted by the petitioners in the service of the respondents.
3. Learned Additional Advocate General submits that it is apparent from the reply which has been filed by respondents No. 1 to 3 that the petitioners do not have any right of regularization in view of mode and manner in which they stood engaged as they neither stood appointed against the sanctioned posts nor they are being paid any wages as they are only paid honorarium for the services which are being rendered by them. Further learned Additional Advocate submits that the petitioners otherwise are also engaged by the Gram Panchayats concerned and not the State.
4. Be that as it may, as the prayer which has been made by learned Counsel for the petitioners is innocuous, therefore, without making any observation on the merit of the case, this writ petition is disposed of with the direction that a detailed representation be filed by the petitioners with regard to the issues which have been raised by way of present writ petition before ::: Downloaded on - 12/07/2022 20:03:53 :::CIS 6 respondent No. 2 within a period of four weeks from today and as from the date of receipt of the representation, let the same be .
decided by the competent authority within a period of six weeks thereafter. In case so desired, the petitioners be given hearing in a representative capacity.
With these observations, the writ petition stands disposed of. Pending miscellaneous application(s), if any, also stand disposed of accordingly.
(Ajay Mohan Goel)
r Judge
July 12, 2022
(narender)
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