Kanchhi And Ors vs The State Of H.P. & Others on 2 April, 2015

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Himachal Pradesh High Court

Kanchhi And Ors vs The State Of H.P. & Others on 2 April, 2015

Bench: Tarlok Singh Chauhan

             IN THE HIGH COURT OF HIMACHAL PRADESH,
                             SHIMLA.

                                                           CWP No. 5497 of 2014




                                                                                .
                                                           Decided on: 02.4.2015





    Kanchhi and Ors
                                                                            ....Petitioners.





                                         versus
    The State of H.P. & others.                                            ....Respondents.
    ___________________________________________________________
    Coram




    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    Whether approved for reporting or not?1Yes

    For the petitioner  :              Mr. A.K. Gupta, Advocate
    For the respondents :              Mr. V.K. Verma and Mr.

                                       Rupinder Singh, Additional
                                       Advocate Generals and Ms. Parul
                                       Negi, Dy. A.G for the respondents
    ----------------------------------------------------------------------------


    Tarlok Singh Chauhan, J.

The petitioners are nepalese and have claimed the following substantive relief:-

"That respondents may be ordered to regularize the services of the petitioners, from the due dates, or at least work charge status, in view of the order passed in Gehar Singh's case, may be ordered to be given to the petitioners from the due dates, with all the benefits incidental thereof".

2. Indisputably the only ground taken by the respondents to resist the claim of the petitioners is that the 1 Whether the local reporters of the newspapers are allowed to see the judgment?Yes.

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matter is subjudice before the Hon'ble Supreme Court wherein the larger issue as to whether the petitioners who are not Indian Citizens are entitled to invoke writ jurisdiction .

of the Courts in India is pending adjudication.

3. Concededly, the petitions pending before the Hon'ble Supreme Court have now been dismissed. Therefore, there is no reason why the petitioners ought to be deprived of the benefit of the relief as claimed in the petition particularly when other similarly situated nepalese employees have already been conferred the same and similar benefit.

4. Accordingly the writ petition is allowed and the respondents are directed to confer work charge status upon the petitioners immediately on completion of 8 years of un- interrupted service and thereafter regularize the services of the petitioners in accordance with law upon availability of vacancies.

5 Accordingly, the petition is disposed of so also the pending application (s) if any.

    2nd April, 2015                          (Tarlok Singh Chauhan)
         (veena)                                     Judge




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