Himachal Pradesh High Court
Sh. R.P. Sood S/O Late Sh vs P.D. Attri And Others on 11 July, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
REPORTABLE
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 11TH DAY OF JULY 2022
BEFORE
.
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 673 OF 2019
AND CONNECTED MATTERS
1. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 673 OF
2019
Between:-
1. SH. R.P. SOOD S/O LATE SH.
PYARE LAL, R/O SOOD
NIWAS, P.O-UPPER DARI,
TEHSIL-DHARAMSHALA,
DISTT-KANGRA, H.P.
2. RANJIT SINGH RANA S/O SH.
HIRA SINGH, VILL-NANGAL,
P.O-BEHIN, TEHSIL-DEHRA,
DISTT-KANGRA, H.P
3. SH. SUBHASH CHAND
SHARMA, S/O SH. ROSHAN
LAL, VP.P & TEHSIL-
JAISINGPUR, DISTT.-KANGRA,
H.P.
4. SH. VINOD KUMAR S/O LATE
SH. JANT RAM, VILL & P.O-
LUDRET, TEHSIL-DEHRA,
DISTT-KANGRA, H.P.
5. SH SHAMSHER SINGH RANA,
S/O LATE SH. UDHAM SINGH
RANA, VILL & P.O-DURGELA,
TEHSIL-SHAHPUR, DISTT-
KANGRA,H.P.
6. SH BALDEV CHAND VERMA,
PRAGYA KUNJ, TANDA-
GHUGGAR, PALAMPUR,
DISTT.-KANGRA, H.P.
7. SH HUKAM CHAND S/O SH.
PREM CHAND, VILL-& P.O-
CHAMUKHA HAR DOGRI,
TEHSIL-DEHRA, DISTT-
KANGRA, H.P.
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8. SMT. KRISHLA DEVI, W/O SH
PURAN SINGH JARIAL, VILL-
PANIHAR, P.O-CHHATRI,
TEHSIL-SHAHPUR, DISTT-
KANGRA, H.P
9. SH. KANT KUMAR SAINI, S/O
LATE SH LALU RAM SAINI, H.
.
NO. 374/5, SAIN MUHALLA,
MANDI, H.P.
10. SH PARVEEN KUMAR, S/O SH
NOLU RAM,VPO-SERATHANA,
TEHSIL & DISTT. KANGRA,
H.P.
11. SH BIR SINGH, S/O SH
MANGAT RAM, VILL-SHADLA,
PO-KATINDI, TEHSIL-SADAR,
DISTT.-MANDI, H.P.
12. SH SARABJEET KUMAR, S/O
SH TRIYASH VERMA, VILL-
ANSOLI, P.O-MATAUR, TEHSIL
& DISTT-KANGRA H.P.
13. SH INDER SINGH S/O SH
KHINU RAM, VILL-BHYARTA,
P.O-CHUNAHAN, TEHSIL-
SADAR, DISTT-MANDI, HP.
14. SH SURESH KUMAR SHARMA,
S/O SH. SHAM LAL, VILL-
&P.O., MAROOH, TEH. &
DISTT-KANGRA, H.P.
15. SH JOGINDER CHAND S/O
LATE SH KARTAR CHAND,
VILL-AGOJAR, P.O-
ANDRETTA, TEHSIL-
PALAMPUR, DISTT-KANGRA,
H.P.
16. SH JOG RAJ, S/O SH SUNKU
RAM, VILL-LALHA, P.O-
HANGLOW, TEHSIL-
PALAMPUR, DISTT-KANGRA,
H.P.
17. SH JOGINDER SINGH BHATIA,
S/O SH LAXMAN BHATIA, VILL
& P.O-TANDA KHOLI, TEHSIL
& DISTT-KANGRA, H.P.
18. SH SUNIL KUMAR DHIMAN S/O
SH BIHARI LAL, VILL & P.O- -
RAJIANA, 53 MILES, DISTT-
KANGRA, H.P
19. SH. RAMESH SINGH, S/O SH.
GANDHARV SINGH, VILL-
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HARSAR, DEHRAI, P.O-
JAWALI, TEHSIL-NURPUR,
DISTT-KANGRA, H.P
20. SH K B THAPA S/O LATE SH.
D.B. THAPA, VILL-SIDHPUR,
TEHSIL-DHARAMSHALA,
DISTT-KANGRA, H.P.
.
21. SH MOHINDER LAL PLAH, S/O
SH CHET RAM, VILL-PAREL,
P.O-SULTANUR, CHAMBA,
H.P.
22. SH. PRABHAT KUMAR PURI
S/O SH GANGA NATH PURI,
R/O MOHALLA SAPRI, P.O &
DISTT-CHAMBA, H.P.
23. SH. RAMESH CHAND
BHANDARI S/O LATE SH DEVI
DYAL BHANDARI, MOHALLA &
P.O-SULTANPUR, TEHSIL-
CHAMBA, DISTT-CHAMBA, H.P
24. SH ARUN KUMAR ANAND , S/O
SH KISHAN CHAND, MOHALLA
HATNALA, TEHSIL-CHAMBA,
DISTT-CHAMBA, H.P.
25. SH TILAK RAJ SHARMA, S/O
SUKH DEV SHARMA, VILL-
BHADRAN, P.O-SALOL,
TEHSIL & DISTT-CHAMBA, H.P.
26. SH. GIRDHARI LAL S/O SH
KRISHAN CHAND, VILL-
DEVIGHAT, P.O-BATT, TEH.
CHAMBA, DISTT-CHAMBA,
H.P.
27. SH PRAKASH CHAND
BHANDARI S/O SH DEVI DYAL
BHANDARI, VILL-NANU, P.O-
SAROL, DISTT-CHAMBA, H.P.
28. SH BIHARI LAL, S/O SH SONU
RAM, VILL-NIUN, P.O-LALATI,
TEHSIL-GHUMARWIIN,- DISTT-
BILASPUR, H.P.
29. SH KASHMIR SINGH, S/O SH
SEKHU RAM, VILL & P.O-
GUGGA SALOH, TEHSIL &
DISTT- KANGRA, H.P.
30. (A) MRS. ROSHANI DEVI WD/O
LATE SH. PARKASH CHAND,
(B) SH PANKAJ KUMAR S/O
LATE SH PARKASH
CHAND BOTH R/O VILL-
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LUGHATI, P.O-
KACHHERA, TEHSIL-
PALAMPUR, H.P
(C) SMT. ANJU DEVI D/O
LATE SH PARKASH
CHAND, W/O SH PAWAN
DEEP, R/O VILL-
.
KANGRI, P.O-
BHAWANA, TEHSIL-
PALAMPUR, DISTT-
KANGRA, H.P.
(D) SMT. MANJU D/O LATE
SH PARKASH CHAND,
W/O SH RAJESH
KUMAR, R/O VILL-
GHEAR, P.O-BHAWANA,
TEHSIL-PALAMPUR,
DISTT.KANGRA, H.P
31. SH KARAM CHAND S/O SH
DUMNU RAM, VILL & P.O-
DHALLON, TEHSIL & DISTT-
KANGRA, H.P.
32. SH SURESH ASGHAR, S/O SH.
SANTOSH ASGHAR, VILL &
P.O-BANURI, TEHSIL-
PALAMPUR, DISTT.-KANGRA,
H.P.
33. SH JGINDER SINGH S/O SH.
JALLA RAM, V.P.O.-
DARGELLA, TEHSIL-
SHAHPUR, DISTT-KANGRA,
H.P.
34. SH MOHINDER SINGH S/O
LATE SH BELI RAM, VILL-
KIORIANA, P.O BANDI,
TEHSIL-SHAHUR, DISTT-
KANGRA, H.P.
35. SH JASBIR SINGH, S/O LATE
SH DEVI LAL, VILL & P.O-
ICHHI, TEHSIL & DISTT-
KANGRA, H.P.
36. SH KRISHAN CHAND S/O BELI
RAM, VILL-AMTRAR, P.O-
SUNEHAR, TEHSIL & DISTRICT
KANGRA, H.P
37. SH SATISH KATOCH S/O SH
GIAN CHAND, VILL-ROPARI,
P.O-LAMBGAON, TEHSIL-
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JAISINGPUR, DISTT-KANGRA,
H.P
38. SH DEVINDER KUMAR
SHARMA S/O SH JAGTAMBA
PRASAD, VILL-CHHATTTER,
P.O-JALPARE, TEHSIL-
JOGINDERNAGAR, DISTT-
.
MANDI, H.P
39. SH. BIDHI CHAND. GOVT.
ACCOMMODATION, QTR 32,
NEAR SAINIK REST HOUSE,
DHARAMSHALA, DISTT-
KANGRA, H.P
40. SH RAJIV DUGGAL, S/O SH
R.P DUGGAL, R/O JAWAHAR
NAGAR, DHARAMSHALA,
DISTT-KANGRA, H.P
41. SH TRILOCHAN SINGH
PATHAINA, S/O BAKHTAWAR
SINGH PATHANIA, R/O VILL-
CHUTHA, P.O-NERTI, TEHSIL-
SHAHPUR, DISTT-KANGRA,
H.P
42. SH SUNIL KUMAR HANS S/O
SH. DURGA DASS HANS, R/O
CIVIL BAZAR,
DHARAMSHALA, DISTT-
KANGRA, H.P.
43. SH HARINDER PAUL S/O SH
ABHAY PAUL SHARMA, VILL &
P.O-SERATHANA, TEHSIL &
DISTT. KANGRA, H.P
44. SH RAM SINGH THAKUR S/O
THOTHI RAM, VPO-BAIJNATH,
DISTT-KANGRA, H.P.
45. SH OM PARKASH S/O SH
LATE SH RATTAN SINGH,
VPO-SUDHER, TEHSIL-
DHARAMSHALA, DISTT-
KANGRA, H.P.
46. SH MOOL RAJ SHARMA,
H.PNO.03, WARD NO 6, NEAR
DFO RESIDENCE,
GURUDWARA ROAD,
DHARAMSHALA, DISTT-
KANGRA, H.P.
47. SH HUKAM SINGH THAKUR,
S/O SH TEJ RAM THAKUR,
H.NO 36/05 PALACE COLONY,
MANDI, DISTT-MANDI, H.P.
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48. SH TEJINDER PAL RANA S/O
SH MAST RAM RANA,
MOHALLA PREM GALLI, P.O-
MANDI, DISTT-MANDI, H.P.
49. MS. KAUSHALYA CHAUHAN
W/O SH M.L. CHOUHAN, VILL
& P.O-BARI-GUMANU, TEHSIL
.
& DISTT-MANDI, H.P
50. SMT USHA GULERAIA W/O SH
AMAR SINGH GULERIA, VILL-
SAMLIAL, P.O-PANDOH,
TEHSIL-SADAR,, DISTT-
MANDI, H.P.
51. SH KARAN SINGH S/O SH
BASHAKHU RAM, VILL-
NAURU, P.O-BHANGROTU,
TEHSIL-SADAR, DISTT-MANDI,
H.P.
52. SH DAMESHWAR S/O SH
SHOBHA RAM, VILL & P.O-
GURKATHA, TEHSIL & DISTT-
MANDI, H.P
53.
SH TEJ RAM SHARMA S/O
LATE SH RESHAMI SINGH, R/O
H.NO 7/4, HOSPITAL ROAD,
MANDI, DISTT-MANDI, H.P.
54. SH UPINDER BAHAL S/O LATE
SH JASSA RAM, H. NO 44/10,
BHAGWAN STREET, MANDI,
DISTT MANDI, H.P.
55. SH TILAK RAJ SHARMA, S/O
LATE SH HEM RAJ SHARMA,
H.NO 162/2, PURANI MANDI,
DISTT-MANDI, H.P.
56. MS SUMAN LATA SHARMA,
D/O SH MAST RAM SHARMA,
VILL-PURANA KANGRA,
DISTT-KANGRA, H.P.
57. SH SUDERSHAN SINGH S/O
SH AMAR SINGH PATIAL,
VILL-HIRAN, P.O-KHOLA,
TEHSIL-DEHRA, DISTT-
KANGRA, H.P.
58. SH ANUP KUMAR S/O SH
SWAMI PRAKASH, VILL & P.O-
DHALOON, TEHSIL & DISTT-
KANGRA, H.P
59. SH SANTOSH KUMAR S/O SH
SUNKA RAM, VILL-AIMA
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GHUGGAR, P.O-PALAMPUR,
DISTT-KANGRA, H.P.
60. SH TRILOK NATH SHARMA
S/O SH GHUGHER RAM, VILL-
GALOL, P.O-KAROUR, TEHSIL-
NADAUN, DISTT-HAMIRPUR,
H.P
.
... PETITIONERS
(BY MR. LOVNEEESH KANWAR, ADVOCATE)
AND
1. STATE OF H.P THROUGH
PRINCIPAL SECRETARY
(HEALTH) TO THE GOVT. OF H.P.
SHIMLA-2.
2. THE DIRECTOR (HEALTH)
HIMACHAL PRADESH,
KASUMPTI, SHIMLA-9.
.. RESPONDENTS
(MR. BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE
GENERAL)
2. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 972 OF
2019
BETWEEN
SH. DHYAN SINGH S/O SHRI DAMODAR
DASS VILLAGE AND POST OFFICE
DHARAN TEH. THUNAG, DISTT. MANDI,
H.P. PRESENTLY WORKING AS SENIOR
LAB TECHNICIAN PHC BALI CHOWKI,
DISTT MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
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3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
.
3. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 986 OF
2019
1. SH. DEVINDER KUMAR NARWAL
S/O LATE SH. GANGA RAM, R/O B
BLOCK A, SET NO 1. HOLLY OAK,
SANJAULI, H.P., PRESENTLY
WORKING AS SENIOR
LABORATORY TECHNICIAN.,
KAMLA NAHRU STATE HOSPITAL
FOR MOTHER AND CHILD,
SHIMLA, H.P.
2. SMT. SUSHILA NEGI W/O SH.
JITENDER MEHTA, VILLAGE
BARI, P.O. JAGOTI, TEHSIL
ROHRU, DISTRICT SHIMLA, H.P.
PRESENTLY WORKING AS
SENIOR LABORATORY
TECHNICIAN, KAMLA NAHRU
STATE HOSPITAL FOR MOTHER
AND CHILD, SHIMLA H.P.
3. SH. RAJESH KUMAR VERMA S/O
SH. SAHI RAM, RESIDENT OF
VILLAGE BHALOH, P.O.
GHANAHATTI, TEHSIL &
DISTRICT SHIMLA, H.P.
PRESENTLY WORKING AS
SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL,
SHIMLA, H.P.
4. SH. HIRA PAL MEHTA S/O SH.
L.R. MEHTA VILLAGE BADAID,
P.O. GHANAHATTI TEHSIL &
DISTT SHIMLA H.P. PRESENTLY
WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA, H.P.
5. SH. RAVINDER KUMAR S/O SH.
RISHI RAM SHARMA R/O
VILLAGE KANHACHI, P.O. SHOGI
TEHSIL & DISTRICT SHIMLA, H.P.
PRESENTLY WORKING AS
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SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL,
SHIMLA, H.P
6. MRS. SUSHAMA THAKUR W/O
SALIGRAM CHAUHAN, R/O
VILLAGE JANKHUNI, P.O.
BAGASAR, TEHSIL KARSOG &
.
DISTRICT MANDI, H.P.
PRESENTLY WORKING AS
SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL,
SHIMLA H.P.
7. MRS. UPASNA W/O LATE SH.
GOPAL SINGH THAKUR, VILLAGE
& P.O. BAGSHAR TEHSIL
KARSOG, & DISTRICT MANDI,
H.P. PRESENTLY WORKING AS
SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL,
SHIMLA, H.P.
8. SH. HARJEET SINGH S/O SH.
SANTOKH SINGH, R/O KAINTH
HOUSE NEAR KAMAL KUNJ,
SANJAULI, SHIMLA H.P. 171006.,
PRESENTLY WORKING AS
SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL,
SHIMLA, H.P
9. SH. SUBHASH DHANTA S/O
LATE SH. NARAYAN SINGH
DHANTA, VILLAGE DHANTA
NIWAS, NEAR KANWAR
BUILDING ENGINEGHAR,
SANJAULI, H.P. PRESENTLY
WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA, H.P
10. SMT. ANJANA THAKUR W/O SH
JAGAT THAKUR, THAKUR
NIWAS, LOWER PANTHAGHATI,
P.O. BEOLIA, TEHSIL & DISTRICT
SHIMLA, H.P. PRESENTLY
WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA, H.P
11. SH. VIJAY TITLA S/O SH. PARTAP
SINGH TITLA, TOP VIEW
COTTAGE NEAR LAXAMI
NARYAN MANDIR, SANJAULI
SHIMLA H.P., PRESENTLY
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WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA, H.P.
12. SH. SUSHEEL KUMAR S/O LATE
SH. MANMOHAN SINGH VILLAGE
DALAN, P.O. VINGHAR, TEHSIL
KUMAR SAIN, DISTRICT SHIMLA,
.
H.P. PRESENTLY WORKING AS
SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL,
SHIMLA H.P.
13. SH. JAMNA DASS S/O LATE SH.
RULDU RAM VILLAGE DISHTI,
P.O. SAINJ TEHSIL DHAMI,
DISTRICT SHIMLA H.P.
PRESENTLY WORKING AS
SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL,
SHIMLA, H.P.
14. SH. SWROOP SINGH VERMA S/O
LATE SH. AJEET SINGH R/O
VILLAGE GEHAR, P.O. SOGHI,
TEHSIL & DIST. SHIMLA H.P.
PRESENTLY WORKING AS
SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL,
SHIMLA H.P.
15. SH. SURINDER SINGH VERMA
S/O SH. M.S. VERMA R/O
VILLAGE KUFTU, P.O.
BALDEYAN, TEHSIL & DISTT
SHIMLA H.P. PRESENTLY
WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA H.P.
16. SH. HARI RAM S/O LATE SH.
JAGAN NATH VILLAGE ASLOU,
P.O. CHAKHAR TEHSIL ARKI,
DISTT SOLAN H.P. PRESENTLY
WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA, H.P.
17. SH. GOPAL SINGH CHAUHAN S/O
LATE SH. BESAR DUTT VILLAGE
BAMAT P.O. PAHAL, TEHSIL
DHAMI, DISTT. SHIMLA, H.P.
PRESENTLY WORKING AS
SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL,
SHIMLA H.P.
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18. SH. UMESH GUPTA S/O SH. PREM
LAL GUPTA R/O V& P.O. SUNNI,
TEHSIL SUNNI, DISTT SHIMLA
H.P. PRESENTLY WORKING AS
SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL,
SHIMLA H.P.
.
19. SH. LALIT KUMAR SHARMA S/O
LATE SH. MOHAN LAL SHARMA,
SHARMA BUILDING LOWER TUTU
SHIMLA H.P. PRESENTLY
WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA H.P.
20. SH. MULKAH RAJ S/O SHRI
RANJEET SINGH, PRESENTLY
SENIOR LAB TECHNICIAN, CIVIL
HOSPITAL SANDHOLE, DISTT.
MANDI, H.P., PRESENTLY
RESIDING IN V & PO SANDHOLE,
DISTT. MANDI, H.P.
21. SH. AMAR JEET S/O SHRI
ACHHAR SINGH, R/O VILL AND
POST OFFICE SEHLI, TEHSIL
KOTLI, DISTT. MANDI, H.P.
PRESENTLY WORKING AS
SENIOR LAB TECHNICIAN C.M.O.
OFFICE MANDI, DISTT MANDI,
H.P.
22. SMT. SANTOSH KUMARI W/O
SHRI DINESH KUMAR, R/O
HOUSE NO. 115/3, VILL. PUNGH,
POST OFFICE CHATROKHRI, THE.
SUNDERNAGAR, DISTT. MANDI,
H.P. PRESENTLY WORKING AS
SENIOR LAB TECHNICIAN CHC
RATTI, DIST MANDI, H.P.
23. SMT. PREM LATA W/O SHRI
NARESH LAKHANPAL, VPO
BHAROTU, TEH. SUNDERNAGAR,
DISTT. MANDI, H.P. PRESENTLY
WORKING AS SENIOR LAB
TECHNICIAN CHC RATTI, DISTT
MANDI, H.P.
24. SMT. NEELAM KUMARI W/O SHRI
SANT RAM, HOUSE NO. 187/4
RAVI NAGAR MANDI TEH. AND
DISTT. MANDI, H.P. PRESENTLY
WORKING AS SENIOR LAB
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TECHNICIAN CMO OFFICE
MANDI, DISTT MANDI, H.P
25. SH. GHANSHYAM S/O SHRI PREM
SINGH, VILLAGE JHANJHAIL,
POST OFFICE ROPARI, TEHSIL
SARKAGAHT, DISTT. MANDI, H.P.
PRESENTLY WORKING AS
.
SENIOR LAB TECHNICIAN CMO
OFFICE MANDI, DISTT MANDI,
H.P.
26. SMT. RAJINDRA KUMARI W/O
SHRI DALIP SINGH, RESIDENT OF
NEAR RADHA KRISHAN S.S.
SCHOOL, JAIL ROAD MANDI,
DISTT. MANDI, H.P. PRESENTLY
WORKING AS SENIOR LAB
TECHNICIAN ZONAL HOSPITAL
MANDI, DISTT. MANDI, H.P.
27. SH. ACHHAR SINGH SON OF
SHRI LACHHMAN SINGH,
VILLAGE GEHRA, POST OFFICE
THONA, TEH. SARKAGHAT,
DISTT. MANDI, H.P. PRESENTLY
WORKING AS SENIOR LAB
TECHNICIAN ZONAL HOSPITAL
MANDI, DISTT. MANDI, H.P.
28. SH. RAJINDER KUMAR SON OF
LATE SHRI SAMPURAN SINGH,
VILLAGE RASMAIN, POST
OFFICE SUNDERNAGAR, TEH.
SUNDERNAGAR, DISTT. MANDI,
H.P. PRESENTLY WORKING AS
SENIOR LAB TECHNICIAN PHC
CHOWK BLOCK ROHANDA,
DISTT. MANDI, H.P.
29. SH. DHAYN SINGH S/O SHRI
DAMODAR DASS VILLAGE AND
POST OFFICE DHARAN TEH.
THUNAG, DISTT. MANDI, H.P.
PRESENTLY WORKING AS
SENIOR LAB TECHNICIAN PHC
BALI CHOWKI, DISTT MANDI, H.P.
30. SH. BIRI SINGH YADAV S/O LATE
SHRI MANGAT RAM, RESIDENT
OF VILLAGE SHADLA POST
OFFICE KATINAHI, TEH. SADAR,
DISTT. MANDI, H.P. PRESENTLY
WORKING AS SENIOR LAB
TECHNICIAN PHC GOKHURE
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BLOCK KOTLI, MANDI, DISTT.
MANDI, H.P.
31. SH. SANT RAM S/O LATE SHRI
AMABKA RAM, VILLAGE
BATOUR, POST OFFICE SEHLI,
TEH. KOTLI DISTT. MANDI, H.P.
PRESENTLY WORKING AS
.
SENIOR LAB TECHNICIAN ZONAL
HOSPITAL MANDI, DISTT. MANDI,
H.P.
32. SH. VIRENDER SINGH CHAUHAN
S/O SHRI BACHITTAR SINGH
CHAUHAN, VILLAGE KUNI, POST
OFFICE AND TEH. LADBHAROL,
DISTT. MANDI, H.P. PRESENTLY
WORKING AS SENIOR LAB
TECHNICIAN CIVIL HOSPITAL,
JOGINDER NAGAR, DISTT.
MANDI, H.P.
33. SH. VINOD KUMAR S/O SHRI
DHANI RAM VILLAGE AND POST
OFFICE MAJHARNU, TEH.
JOGINDERNAGAR, DISTT. MANDI,
H.P. PRESENTLY WORKING AS
SENIOR LAB TECHNICIAN CIVIL
HOSPITAL JOGINDER NAGAR,
DISTT MANDI, H.P.
34. SH. SUNDER LAL S/O SHRI
GOPAL DASS, VILLAGE
BAGOUN, POST OFFICE
PANJGAIN, DISTT. BILASPUR,
H.P. PRESENTLY WORKING AS
SENIOR LAB TECHNICIAN CIVIL
HOSPITAL JOGINDER NAGAR,
DISTT. MANDI, H.P.
35. SH. NAGENDER KUMAR S/O SHRI
MOHAN SINGH, R/O VILLAGE
KUHALDA, POST OFFICE
ROPARI-KALEHAERU, TEHSIL
JOGINDER NAGAR, DISTT MANDI,
H.P. PRESENTLY WORKING AS
SENIOR LAB TECHNICIAN CIVIL
HOSPITAL JOGINDER NAGAR,
DISTT MANDI, H.P.
36. SH. ASHOK KUMAR SHARMA S/O
SH. RAM DEV SHARMA
RESIDENT OF TYPE III STAFF
RESIDENCES, BLOCK II, SET NO.
8 RAJINDER PRASHAD
GOVERNMENT MEDICAL
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COLLEGE TANDA, DISTRCIT
KANGRA H.P., PRESENTLY
WORKING AS SENIOR
LABORATORY TECHNICIAN,
RAJINDER PRASHAD
GOVERNMENT MEDICAL
COLLEGE TANDA, H.P.
.
37. SH. PRADEEP SINGH S/O SH.
BISANA SINGH RESIDENT OF
TYPE III STAFF RESIDENCES,
BLOCK II, SET NO. 3, RAJINDER
PRASHAD GOVERNMENT
MEDICAL COLLEGE TANDA,
DISTRCIT KANGRA, H.P.,
PRESENTLY WORKING AS
SENIOR LABORATORY
TECHNICIAN, RAJINDER
PRASHAD GOVERNMENT
MEDICAL COLLEGE TANTA, H.P.
38. SH. DEV ANAND NEGI S/O SH.
RATTAN DASS NEGI, VILLAGE
SERI P.O. BAKHALAG, TEHSIL
ARKI,
DISTT. SOLAN, H.P.
PRESENTLY WORKING AS
SENIOR LAB TECHNICIAN IGMC,
SHIMLA DISTT. SHIMLA, H.P.
PETITIONERS
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
4. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 997 OF
2019
1. RAJAN BHIMTA S/O SHRI PREM
SINGH, VILLAGE BAREON,
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15
KALATA-KI-SEER, P.O PANOG,
TEHSIL-KOTHAI, DISTRICT
SHIMLA, H.P.
2. DHARAM PARKASH SHARMA S/O
LATE SHRI DURGA NAND
SHARMA, VILLAGE BAGAIR, P.O
THAILA VIA MASHOBRA, TEHSIL
.
SUNI, DISTT. SHIMLA, H.P.
3. KHEM RAJ GUPTA S/O LATE
SHRI M.L. GUPTA VILLAGE & P.O
HALOG (DHAMI) TEHSIL & DISTT.
SHIMLA, H.P.
4. ARUNA KUMARI D/O P.L PAPTA,
VILLAGE THANA, TEHSIL ROHRU,
DISTT. SHIMLA, H.P.
5. RAJESH ROKA S/O SHRI M.B.
ROKA, R/O ROCK COTTAGE, RAM
NAGAR, P.O CHAURAH MAIDAN,
SHIMLA H.P.
6. AJAY SHARMA S/O LATE SHRI
DURGA DUTT SHARMA, SET-5-6,
BLOCK NO. 16, US CLUB,
SHIMLA.H.P.
7. KUNDAN SINGH S/O LATE SHRI
SUNDAR SINGH, SUN SHINE
BUILDING, NEAR SAHANI
BUILDING BELOW CHILDREN
PARK, SANJAULI, SHIMLA, H.P.
8. ASHOK KUMAR TANDON S/O
LATE SHRI MAM CHAND FLAT
NO-2, BLOCK-B, VERMA
APARTMENTS, NEAR PETROL
PUMP, SANJAULI, SHIMLA-6, HP.
9. RAVINDER SINGH KANWAR S/O
SHRI NARAIN SINGH KANWAR,
OLD BLOCK, SET-4, TYPE II, MED.
HOSTEL, HOLYOAK, SANJAULI,
SHIMLA-6, H.P.
10. KAPOOR SINGH JISHTU S/O SHRI
NARAYAN JISHTU, MOHAN
BHAWAN (TOP FLOOR) LOWER
KHALINI, SHIMLA-3, H.P.
11. BALIBIR SINGH THAKUR S/O
LATE SH. D.R. THAKUR R/O SET
NO. 26 CORSTROPHEN ESTATE,
TYPE-2 LAKKAR BAZAR, SHIMLA-
171001, HP
12. NAVEEN SOOD S/O SHRI K.C.
SOOD, V.P.O. SHOGHI, NEAR RLY
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STATION, SHOGHI, DISTT.
SHIMLA, H.P.
PETITIONERS
(BY MR. PAWAN K. SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
.
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
5. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1019 OF
2019
SH. DEV ANAND NEGI S/O SH. RATTAN
DASS NEGI RESIDENT OF VILLAGE
SERI P.O. BAKHALAG, TEHSIL ARKI
DISTT. SOLAN, H.P. PRESENTLY
WORKING AS SENIOR LAB TECHNICIAN
IGMC, SHIMLA DISTT. SHIMLA, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
6. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1029 OF
2019
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17
SH. SANT RAM S/O LATE SHRI AMABKA
RAM RESIDENT OF VILLAGE BATOUR,
POST OFFICE SEHLI, TEH. KOTLI,
DISTT. MANDI, H.P. PRESENTLY
WORKING AS SENIOR LAB TECHNICIAN
ZONAL HOSPITAL MANDI, DISTT.
MANDI, H.P.
.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
7. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1040 OF
2019
SH. PRADEEP SINGH S/O SH. BISANA
SINGH RESIDENT OF TYPE III STAFF
RESIDENCES, BLOCK II, SET NO. 3
RAJINDER PRASHAD GOVERNMENT
MEDICAL COLLEGE TANDA, DISTRCIT
KANGRA H.P., PRESENTLY WORKING
AS SENIOR LABORATORY
TECHNICIAN, RAJINDER PRASHAD
GOVERNMENT MEDICAL COLLEGE
TANDA, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
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18
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
.
8. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1048 OF
2019
SH. RAVINDER KUMAR S/O SH. RISHI
RAM SHARMA R/O VILLAGE KANHACHI,
P.O. SHOGI, TEHSIL & DISTRICT
SHIMLA, H.P. PRESENTLY WORKING
AS SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL, SHIMLA
H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1.
STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
9. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1082 OF
2019
SH. RAJESH KUMAR VERMA S/O SH.
SAHI RAM RESIDENT OF VILLAGE
BHALOH, P.O. GHANAHATTI, TEHSIL &
DISTRICT SHIMLA H.P. PRESENTLY
WORKING AS SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL, SHIMLA,
H.P
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
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19
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
10. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1087 OF
2019
SH. SUBHASH DHANTA S/O LATE SH.
NARAYAN SINGH DHANTA, RESIDENT
OF DHANTA NIWAS NEAR KANWAR
BUILDING ENGINEGHAR, SANJAULI,
H.P. PRESENTLY WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
11. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1095 OF
2019
SMT. SUSHAMA THAKUR W/O
SALIGRAM CHAUHAN, R/O VILLAGE
JANKHUNI, P.O. BAGASAR, TEHSIL
KARSOG & DISTRICT MANDI, H.P.
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20
PRESENTLY WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
.
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
12.
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1101 OF
2019
SMT. SANTOSH KUMARI W/O SHRI
DINESH KAPUR, R/O HOUSE NO. 115/3,
VILL. PUNGH, POST OFFICE
CHATROKHRI, THE. SUNDERNAGAR,
DISTT. MANDI, H.P. H.P. PRESENTLY
WORKING AS SENIOR LAB TECHNICIAN
CHC RATTI, DISTT. MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
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13. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1102 OF
2019
SH. NAGENDER KUMAR S/O SHRI
MOHAN SINGH, R/O VILLAGE
KUHALDA, POST OFFICE ROPARI-
KALEHAERU, TEHSIL JOGINDER
.
NAGAR, DISTT MANDI, H.P. PRESENTLY
WORKING AS SENIOR LAB TECHNICIAN
CIVIL HOSPITAL JOGINDER NAGAR,
DISTT MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE
DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
14. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1103 OF
2019
1. RAMESHWAR DUTT SHARMA
S/O LATE SHRI CHET RAM
SHARMA, 2-B JAGDEV
APARTMENTS, VIKASNAGAR,
SHIMLA-9, HP
2. MULK RAJ S/O SHRI
MAHANDO RAM, VILLAGE
HALTI, P.O DRAMAN, TEHSIL-
CHOWARI, DISTRICT
CHAMBA, H.P.
3. GEETA DEVI W/O SHRI
NARESH BHETTAN, KUBER
BUILDING, TOP FLOOR, NEAR
CHILDREN PARK, SANJAULI,
SHIMLA-6, HP.
PETITIONERS
(BY MR. PAWAN K. SHARMA, ADVOCATE)
AND
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22
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
15. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1106 OF
2019
SH. BIRI SINGH YADAV S/O LATE SHRI
MANGAT RAM, RESIDENT OF VILLAGE
SHADLA, POST OFFICE KATINAHI, TEH.
SADAR, DISTT. MANDI, H.P.
PRESENTLY WORKING AS SENIOR LAB
TECHNICIAN PHC GOKHURE BLOCK
KOTLI, MANDI, DISTT. MANDI, HP.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
16. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1108 OF
2019
SH. SWROOP SINGH VERMA S/O LATE
SH. AJEET SINGH R/O VILLAGE GEHAR,
P.O. SOGHI, TEHSIL & DIST. SHIMLA
H.P. PRESENTLY WORKING AS SENIOR
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23
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
.
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
17. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1109 OF
2019
SH. RAJINDER KUMAR SON OF LATE
SHRI SAMPURAN SINGH, RESIDENT OF
VILLAGE RASMAIN, POST OFFICE
SUNDERNAGAR, TEH. SUNDERNAGAR,
DISTT. MANDI, H.P. PRESENTLY
WORKING AS SENIOR LAB TECHNICIAN
PHC CHOWK BLOCK ROHANDA, DISTT.
MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
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18. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1111 OF
2019
SH. SURINDER SINGH VERMA S/O SH.
M.S. VERMA R/O VILLAGE KUFTU, P.O.
BALDEYAN, TEHSIL & DISTT SHIMLA
H.P. PRESENTLY WORKING AS CHIEF
.
LABORATORY TECHNICIAN, ZONAL
LEPROSY HOSPITAL, DHARAMPUR,
DISTRICT SOLAN, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
19. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1112 OF
2019
SH. ACHHAR SINGH SON OF SHRI
LACHHMAN SINGH, VILLAGE GEHRA,
POST OFFICE THONA, TEH.
SARKAGHAT, DISTT. MANDI, H.P.
PRESENTLY WORKING AS SENIOR LAB
TECHNICIAN ZONAL HOSPITAL MANDI,
DISTT. MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
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25
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
.
20. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1117 OF
2019
SH. JAMNA DASS S/O LATE SH. RULDU
RAM VILLAGE DISHTI, P.O. SAINJ
TEHSIL DHAMI, DISTRICT SHIMLA H.P.
PRESENTLY WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE
rGOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
21. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1121 OF
2019
SMT. ANJANA THAKUR W/O SH JAGAT
THAKUR, THAKUR NIWAS, LOWER
PANTHAGHATI, P.O. BEOLIA, TEHSIL &
DISTRICT SHIMLA, H.P. PRESENTLY
WORKING AS SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL, SHIMLA,
H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
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TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
.
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
22. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1127 OF
2019
SH. UMESH GUPTA S/O SH. PREM LAL
GUPTA R/O V& P.O. SUNNI, TEHSIL
SUNNI, DISTT SHIMLA H.P. PRESENTLY
WORKING AS SENIOR LABORATORY
TECHNICIAN, CIVIL HOSPITAL, SUNNI,
SHIMLA H.P.
r PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
23. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1130 OF
2019
SH. GOPAL SINGH CHAUHAN S/O LATE
SH. BESAR DUTT RESIDENT OF
VILLAGE BAMAT P.O. PAHAL, TEHSIL
DHAMI, DISTT. SHIMLA, H.P.
PRESENTLY WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA H.P.
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PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
.
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
24. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1135 OF
2019
SH. SUSHEEL KUMAR S/O LATE SH.
MANMOHAN SINGH VILLAGE DALAN,
P.O. VINGHAR, TEHSIL KUMAR SAIN,
DISTRICT SHIMLA, H.P. PRESENTLY
WORKING AS SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL, SHIMLA
H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
25. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1139 OF
2019
SH. VIJAY TITLA S/O SH. PARTAP
SINGH, RESIDENT OF TITLA TOP VIEW
COTTAGE NEAR LAXAMI NARYAN
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MANDIR, SANJAULI SHIMLA H.P.,
PRESENTLY WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
.
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
26. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1141 OF
2019
1. HEM RAJ SHARMA S/O SHRI
MEHAR CHAND R/O SHARMA
NIWAS BELOW JAI RAM
BHAWAN, CEMETERY ROAD,
SANJAULI, SHIMLA-6.
2. BIAS DEV NEGI S/O SHRI
BHAGAT SAIN NEGI R/O.
BLIZZZARD VIEW, BELOW MOTO
WORLD NAV BAHAR, SHIMLA-2.
3. KRISHAN KUMAR S/O LATE SHRI
LAGNU RAM R/O FLAT NO. 10
BLOCK-15, HOUSING BOARD
COLONY, SANJAULI, SHIMLA-6.
4. VINEETA BRAMTA S/O SHRI S.R.
PIRTA R/O BRAMTA HOUSE,
PHASE-1, SECTOR-1, NEW
SHIMLA.
5. SUKH DEV VERMA S/O SHRI PAT
RAM VERMA R/O. VILLAGE
TAROL PO BHOJNAGAR, TEHSIL
KASAULI, DISTRICT SOLAN, H.P.
6. SUSHIL KUMAR S/O SHRI JAI LAL
SHARMA R/O VILLAGE BORTI
BRAHMANA POST OFFICE
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CHANDI SUB TEHSIL KUTHAR,
DISTRICT SOLAN, H.P.
7. BRIJ LAL S/O LATE SHRI TULSI
RAM R/O. VILLAGE BHADRON
POST OFFICE HAWAN TEHSIL
GHUMARWIN, DISTRICT
BILASPUR, H.P.
.
8. SURINDRA CHOPRA S/O SHRI
MOTI RAM R/O CHOPRA NIWAS,
NEAR VIJ NIWAS, SANJAULI,
SHIMLA-6,
9. ANISH SHYAM S/O SHRI PREM
SHYAM R/O VILLAGE CHIMLA
POST OFFICE KOTGARH, TEHSIL
KUMARSAIN, DISTRICT SHIMLA,
H.P.
10. SANTOSH JAGTA S/O LT. SHRI
PURAN CHAND JAGTA R/O
VILLAGE URO PO SHINGLA
TEHSIL RAMPUR, DISTRICT
SHIMLA, H.P.
11. NIRMAL THAKUR D/O LATE SHRI
SITA RAM THAKUR R/O VILLAGE
BAHAWAN POST OFFICE
BAKHALAG, TEHSIL ARKI,
DISTRICT SOLAN, H.P.
12. MAHESH CHAND VERMA S/O M.S.
VERMA R/O ARSHIYA TUTI
KANDI, SHIMLA.
13. MANGLA SOOD D/O LATE SHRI
MADAN GOPAL SOOD R/O CHINT
KOOT NIWAS NEAR MEDICAL
HOSPITAL, SANJAULI CHOWK,
SHIMLA
14. RAJINDER KUMAR SHARMA S/O
LATE SHRI PREM LAL SHARMA
R/O VILLAGE AND POST OFFICE
BERI RAZEDIAN (JUDHNI)
SADAR, BILASPUR, H.P.
15. PREM NATH SHARMA S/O SHRI
JAGAN NATH SHARMA R/O
BHAGWATI NIWAS, NEAR BELOW
MOTO WORLD, NAV BAHAR,
SHIMLA-2.
16. KULDEEP SHARMA S/O LATE
SHRI HARBANS RAM SHARMA
R/O VILLAGE BHATOH POST
OFFICE MASERAN, TEHSIL
SARKAGHAT, DISTRICT MANDI,
H.P.
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17. MAHENDER SINGH VERMA S/O
LATE SHRI MAST RAM VERMA,
R/O VILLAGE KALWI POST
OFFICE BASANTPUR TEHSIL
SUNI, DISTRICT SHIMLA H.P.
18. JITENDER SINGH RANA S/O SHRI
BHIM SINGH R/O VILLAGE
.
PAKHAR POST OFFICE TIHRA
TEHSIL SUJANPUR TIHRA
DISTRICT HAMIRPUR, H.P.
19. RAM LAL S/O SHRI RUPI RAM R/O
VILLAGE SHANAND POST
OFFICE KUMARSAIN, DISTRICT
SHIMLA, H.P.
20. PURAN CHAND SHARMA S/O
LATE SHRI MOHAN LAL R/O
NEAR BUS STAND, KARSOG,
DISTRICT MANDI, H.P.
21. ASHISH KUMAR DOGRA S/O
LATE SHRI LAL DASS R/O
DOGRA NIWAS, MEHLI POST
OFFICE KASUMPTI, SHIMLA.
22.
RAVINDER SINGH S/O SHRI
SOHAN LAL R/O VILLAGE AND
POST OFFICE ALATHU, TEHSIL
SADAR, DISTRICT MANDI, H.P.
23. MAN MOHAN SINGH PAL S/O
LATE SHRI ASHA RAM PAL R/O.
SHIV KUTI, TUTI KANDI SHIMLA.
24. SHIV RAM THAKUR S/O SHRI
PANJU RAM THAKUR R/O
VILLAGE GADYARA POST
OFFICE DRUBBAL TEHSIL
JOGINDERNAGER, DISTRICT
MANDI, H.P.
25. NEEL KUMAR S/O LATE SHRI
KHYALI RAM R/O VILLAGE
CHURARI-BEHAL POST OFFICE
HAWAN TEHSIL GHUMARWIN,
DISTRICT BILASPUR, H.P.
26. BABU RAM VERMA S/O SHRI
GOPI CHAND VERMA R/O
VILLAGE CHHAUNTI POST
OFFICE LUHRI TEHSIL ANNI,
DISTRICT KULLU, H.P.
27. MAST RAM SHARMA S/O SHRI
DURGA RAM SHARMA R/O
SHREE DURGA APARTMENTS
LOWER SANGTI POST OFFICE
SANJAULI, SHIMLA-6
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28. NARPAT RAM S/O SHRI DEBU
RAM R/O VILLAGE AND POST
OFFICE BIR TEHSIL AND
DISTRICT MANDI, H.P.
29. VEENA DEVI D/O. DHARAM PAL
R/O CORRESTOPHEN ESTATE,
SET NO. 17, LAKKAR BAZAR,
.
SHIMLA.
30. PYAR SINGH KANWAR S/O SHRI
BHAGAT SINGH KANWAR R/O
VILLAGE JHANDI POST OFFICE
KUNIHAR TEHSIL ARKI, DISTRICT
SOLAN, H.P
31. HATENDER CHAUHAN S/O SHRI
RANGIL SINGH CHAUHAN R/O
BYE PASS ROAD DHALI, NEAR
BATISH COLONY, BELOW
DEEPAK GUEST HOUSE
32. SHER SINGH S/O LATE SHRI
ROSHAN LAL R/O SANGETA
BHAWAN, LOWER CHAKKAR,
SHIMLA.
33.
BHAGAT RAM VERMA S/O LATE
SHRI NARAIN SINGH VERMA R/O
CHAUHAN NIWAS, CEMETERY
SANJAULI, SHIMLA-6.
34. ROOP LAL SHARMA S/O SHRI
TEK CHAND SHARMA R/O
VILLAGE KALOUTA POST OFFICE
MAHUN TEHSIL KARSOG,
DISTRICT MANDI, H.P.
35. VIJAY KUMAR PATHAK S/O LATE
SHRI RATTAN LAL PATHAK, R/O
SHIV SHANT RATTAN BHAWAN,
VILLAGE MAZYAT, POST OFFICE
TOTU, SHIMLA.
36. GIRISH KUMAR MAHANT S/O
SHRI GHANSHYAM DASS
MAHANT, R/O. MAHANT NIWAS,
NEAR R.V.K. SCHOOL,
KASUMPTI, SHIMLA-9.
37. ASHWANI KUMAR S/O DES RAJ
R/O F-3, BHAJI HOUSE, BOTH
WELL LODGE, NEAR IGMC,
SHIMLA
38. GOPAL SOOD S/O SHRI DHARAM
CHAND SOOD R/O SET NO.1,
BLOCK NO.3, NEW BUTAIL
BUILDING, LOWER BAZAR,
SHIMLA.
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39. SHEELA KASHYAP D/O. SHRI JAI
RAM R/O VIVEK NIWAS NEAR
DEV VATIKA KAMLA NAGAR,
CHURAT ROAD, SHIMLA.
40. KAMESHWAR THAKUR S/O LATE
SHRI DILA RAM THAKUR R/O
VILLAGE GHLOTH POST OFFICE
.
OKHRU, TEHSIL ARKI, DISTRICT
SOLAN, H.P.
41. NEELAM SHARMA D/O SHRI B.L.
RAINA R/O. TYPE III B, SET NO.
14, KASUMPTI, (NEAR
PARIMAHAL), SHIMLA.
42. NORTHAN PALZER NEGI S/O
LATE SHRI JORGAY RAM NEGI
R/O VILLAGE KARLA POST
OFFICE SPILLON, TEHSIL POOH,
DISTRICT KINNAUR, H.P.
43. CHAMAN LAL S/O SHRI SINGHO
RAM R/O VILLAGE BINNA POST
OFFICE PATKA TEHSIL
BHATTIYAT DISTRICT CHAMBA,
H.P.
44. KARUNA KAPOOR D/O SHRI RAM
SARAN R/O SET NO. 37-A, TITLA
HOTEL JAKHOO, SHIMLA
45. ARVIND KUMAR DOGRA S/O
SHRI SAT PAL R/O VILLAGE AND
POST OFFICE RAJPUR JASWAN,
TEHSIL AMB, DISTRICT UNA, H.P.
46. CHANDER KANTA SHARMA D/O
LATE SHRI MOHAN LAL SHARMA
R/O VILLAGER SERI POST
OFFICE GUMMA TEHSIL AND
DISTRICT SHIMLA, H.P.
47. KAMLA BHARDWAJ D/O LATE
SHRI GAULT RAM R/O VILLAGE
ROHROO NEAR TOWER
GANGTOLI POST OFFICE
ROHROO, TEHSIL ROHROO,
DISTRICT SHIMLA, H.P.
48. SANTOSH KUMARI D/O.
JAGVEER SINGH R/O SET NO. 12,
MEDICAL COLONY, R.H. NAHAN,
DISTRICT SIRMAUR, H.P.
49. MAHESH KUMAR S/O SHRI
KARISHAN CHAND R/O VILLAGE
AND POST OFFICE KOLAR,
PAONTA SAHIB DISTRICT
SIRMAUR, H.P.
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50. ANULEKHA W/O SHRI MAHESH
KUMAR VILLAGE & POST OFFICE
KOLAR, TEHSIL PAONTA SAHIB,
DISTRICT SIRMAUR, H.P.
51. ABIDA KHANAM D/O. MIRZA
HUSEN BEG, R/O. HOUSE NO.
60/9 KUMHAR GALLI, NAR
.
MASJID RANI TAL NAHAN,
DISTRICT SIRMAUR, H.P.
52. ROOP CHAND S/O SHRI MANI
RAM R/O SET NO. 37, MEDICAL
COLONY, R.H. NAHAN, DISTRICT
SIRMAUR, H.P.
53. SUSHMA SHARMA D/O SHRI J.L.
SHARMA R/O ATRI NIWAS,
LOWER PANTHAGHATI
KASUMPTI, SHIMLA, H.P.
54. HARINDER SINGH MEHTA S/O
SHRI DEVINDER SINGH R/O
VERMA APARTMENTS, ABOVE
SABZI MANDI, SET NO.4, HIM GIRI
COLONY, NEW DHALLI, SHIMLA,
H.P.
55. REETA CHAUHAN D/O SHRI M.R.
KASHYAP R/O PADAM NIWAS,
N.A.C. ROAD, DHALLI, SHIMLA,
H.P.
56. TIKA RAM SHARMA S/O LATE
SHRI UDHAM RAM SHARMA R/O
VILLAGE MUNGNA POST OFFICE
CHAMBA, TEHSIL SUNI, DISTRICT
SHIMLA.
57. GITA RAM BANSAL S/O SHRI
GORKHOO RAM R/O ANDROL
POST OFFICE NEHRA TEHSIL
AND DISTRICT SHIMLA, H.P.
58. HARJIT SINGH S/O LATE SHRI
UDHO RAM R/O. NEAR M.C. LANE
SUBHASH NAGAR/RULDU
BHATTA, SHIMLA.
59. KHAILI RAM SHARMA S/O SHRI
DURGA RAM SHARMA R/O
VILLAGE BALA PO DAHAD
TEHSIL JHANDUTTA, DISTRICT
BILASPUR, H.P.
60. SURINDER JASROTIA S/O LATE
SHRI UTTAM SINGH JASROTIA
R/O MOHALLA UPPER SURARA
POST OFFICE, TEHSIL AND
DISTRICT CHAMBA, H.P.
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61. OM PARKASH S/O LATE SHRI
HARI RAM R/O VILLAGE RATH
(KUHANI) POST OFFICE SAROL,
TEHSIL AND DISTRICT CHAMBA,
H.P.
62. NARESH RANA S/O LATE SHRI
GIAN SINGH RANA R/O MOHALLA
.
SURADA POST OFFICE CHAMBA,
TEHSIL AND DISTRICT CHAMBA,
HP
63. AMAR SINGH S/O LATE SHRI
GORKH R/O MOHALLA
RAMGARH POST OFFICE
CHAMBA, TEHSIL AND DISTRICT
CHAMBA, H.P.
64. SANJAY KUMAR S/O SHRI
UTTAM CHAND R/O VILLAGE AND
POST OFFICE SAROL, TEHSIL
AND DISTRICT CHAMBA, H.P.
65. CHANCHAL KUMAR S/O LATE
SHRI RATTAN CHAND R/O
VILLAGE & POST OFFICE SAROL
TEHSIL AND DISTRICT CHAMBA,
H.P.
66. MADAN KUMAR S/O SHRI
ASHWANI KUMAR R/O MOHALLA
& POST OFFICE SULTANPUR
TEHSIL AND DISTRICT CHAMBA,
H.P.
67. KUSUM LATA D/O MUNSHI RAM
R/O MOHALLA SURADA POST
OFFICE CHAMBA, TEHSIL AND
DISTRICT CHAMBA, H.P.
68. VIJAY KUMAR S/O LATE SHRI
HARINDER PAL R/O VILLAGE
AND POST OFFICE MANGLA,
TEHSIL AND DISTRICT CHAMBA,
H.P.
69. RUDRESHWAR KUMAR S/O SHRI
ASHWANI KUMAR R/O VILLAGE
BHALOTHU POST OFFICE LUDU
(KATHANA) TEHSIL AND
DISTRICT CHAMBA, H.P.
70. OM PARKASH S/O LATE SHRI
LAL CHAND R/O MOHALLA
DHAROG POST OFFICE TEHSIL
AND DISTRICT CHAMBA, H.P.
71. MUMARIK ALI S/O LATE SHRI
AZIZ DEEN R/O VILLAGE AND
POST OFFICE DIUR TEHSIL
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SALOONI, DISTRICT CHAMBA,
H.P.
72. AMAR SINGH S/O SHRI DHANI
RAM R/O VILLAGE LECH PO
GEHRA TEHSIL AND DISTRICT
CHAMBA, H.P.
73. JOGINDER SINGH S/O SHRI
.
NANAK CHAND R/O VILLAGE
PANJSEI POST OFFICE & TEHSIL
BHARMOUR, DISTRICT CHAMBA.
74. JOGINDER SINGH S/O LATE SHRI
MUNSHI RAM R/O VILLAGE
SANCHUEI POST OFFICE AND
TEHSIL BARMOUR, DISTRICT
CHAMBA.
75. MAN SINGH S/O LATE SHRI
SHALKO RAM R/O VILLAGE AND
POST OFFICE SAROO TEHSIL
AND DISTRICT CHAMBA, H.P.
76. KULDEEP SINGH KANWAR S/O
SHRI GIAN SINGH KANWAR R/O
VILLAGE MANJHAR POST
OFFICE KOT BEGA TEHSIL
KASAULI DISTRICT SOLAN, H.P.
77. RAM DUTT S/O LATE SHRI
SHANKARU RAM R/O VILLAGE
DHALANJI POST OFFICE NAINA
TIKKAR TEHSIL PACHHAD,
DISTRICT SIRMAUR, H.P.
78. SURESH KUMAR S/O LATE SHRI
HEAM SHANKAR R/O VILLAGE
BHAROL, POST OFFICE KOTTI
TEHSIL AND DISTRICT SOLAN,
H.P.
79. SANT RAM S/O SHRI DILA RAM
R/O VILLAGE MAKRI POST
OFFICE MAKRI MARKAND VIA
JUKHALA TEHSIL SADAR,
DISTRICT BILASPUR, H.P.
80. SURAT RAM KASHYAP S/O LATE
SHRI RULDU RAM R/O VILLAGE
BADA NEAR MAMTI SERVICE
STATION POST OFFICE
KUMARHATTI, TEHSIL AND
DISTRICT SOLAN, H.P.
81. KHEM CHAND VERMA S/O LATE
SHRI H.R. VERMA R/O VILLAGE
SHEEL POST OFFICE KAKKAR
HATTI TEHSIL AND DISTRICT
SOLAN, H.P.
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82. BHAJAN SINGH S/O SHRI
JALPATU RAM R/O HOUSE NO.
211, SECTOR-2, SHYLAK NAGAR,
JHARMAJRI POST OFFICE
BAROTIWALA, DISTRICT SOLAN,
H.P.
83. NARESH KUMAR S/O SHRI DASU
.
RAM R/O VILLAGE TUKARI POST
OFFICE KUNIHAR TEHSIL ARKI,
DISTRICT SOLAN, H.P.
84. YOG MAYA S/O SHRI ISHWAR
DASS R/O VILLAGE AND POST
OFFICE CHAURA TEHSIL
NICHAR, DISTRICT KINNAUR, H.P.
85. ANOKHI RAM KAUSHAL S/O SHRI
NIKA RAM R/O VILLAGE NAGER
POST OFFICE KUNIHAR TEHSIL
ARKI, DISTRICT SOLAN, H.P.
86. CHANDU RAM VERMA R/O LATE
SHRI BARDU RAM R/O VILLAGE
MALIWALI POST OFFICE
SARYANJ TEHSIL ARKI,
DISTRICT SOLAN, H.P.
87. MANOHAR LAL S/O SHRI MAHA
NATH RAM R/O VILLAGE ANJI
POST OFFICE KOTI, TEHSIL AND
DISTRICT SOLAN, H.P.
88. ABHINAS S/O LATE SHRI
MADHAV KUMAR R/O VILLAGE
SYAWAN POST OFFICE
KUNIHAR, TEHSIL ARKI,
DISTRICT SOLAN, HP.
89. MOHAN SINGH GARG S/O LATE
SHRI MUNNU RAM R/O VILLAGE
KOTHI POST OFFICE KUNIHAR
TEHSIL ARKI DISTRICT SOLAN,
H.P.
90. HARI RAM S/O SHRI VAZIRU RAM
R/O GEETA NIWAS, NEAR RADHA
SOAMI SATSANG TALAB
KUNIHAR TEHSIL ARKI, DISTRICT
SOLAN, H.P.
91. RAM LAL S/O SHRI THANTHI RAM
R/O VILLAGE KOTHI POST
OFFICE KUNIHAR TEHSIL ARKI,
DISTRICT SOLAN, H.P.
92. RAJESH GUPTA S/O SHRI NAND
LAL GUPTA R/O VILLAGE AND
POST OFFICE ARKI TADDU
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MOHALL-1 WARD NO.5, TEHSIL
ARKI, DISTRICT SOLAN, H.P.
93. KAUSHLYA D/O UTTAM SHARMA
VILLAGE & POST OFFICE ARKI
WARD NO.4, TEHSIL ARKI, C/O
PARKASH GUPTA DISTRICT
SOLAN, H.P.
.
94. SURESH KUMAR S/O SHRI RAM
CHAND R/O VILLAGE GAJRERI,
POST OFFICE NAVGAON, TEHSIL
ARKI, DISTRICT SOLAN, H.P.
95. HARDEEP SINGH KANG S/O S.
PRITAM SINGH R/O HOUSE NO.
51, WARD NO. 7, NEAR M.C.
PARK, NALAGARH, DISTRICT
SOLAN, H.P.
96. RAKESH KUMAR S/O SHRI DHANI
RAM R/O RAMILLA NIWAS Q. NO.
3, IST HOUR JUBRI DHAR CHURT
ROAD, LOWER DHALLI, SHIMLA-
12.
97. PRABHU RAM S/O SHRI
LACHHMAN SINGH R/O VILLAGE
HALDWARA, POST OFFICE
SANDHOL, TEHSIL SANDHOL,
DISTRICT MANDI, H.P.
98. MANGAT RAM S/O SHRI JHUSU
RAM R/O DEV SHAKTI KUNJ
NORTH OAK, SANJAULI, SHIMLA-
6.
99. BALWAN CHAND KAHSYAP S/O
LATE SHRI ADAM RAM R/O
SHANTI NIWAS, EVER SUNNY,
SHIMLA-1.
100. RAGHUBIR SINGH CHAUHAN S/O
LATE SHRI AMAR SINGH
CHAUHAN R/O AMAR NIWAS,
SUNDALE COLONY, NEAR 44
BLOCK RAJHANA ROAD
SECTOR-4, NEW SHIMLA, H.P.
101. RAMA DEVI D/O LATE SHRI
ANANT RAM CHAUHAN R/O
GOPAL COTTAGE, FLOWERDALE
CHHOTA SHIMLA, SHIMLA-2, H.P.
PETITIONERS
(BY MS. RANJANA PARMAR, SENIOR ADVOCATE
WITH MR. KARAN SINGH PARMAR, ADVOCATE)
AND
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1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-2.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2.
.
3. DIRECTOR HEALTH SERVICES,
HIMACHAL PRADESH, SHIMLA.
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
27. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1143 OF
2019
SMT. UPASANA W/O LATE SH. GOPAL
SINGH CHAUHAN, RESIDENT OF
VILLAGE & P.O. BAGSHAR, TEHSIL
KARSOG & DISTRICT MANDI, H.P.
PRESENTLY WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA. H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
28. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1146 OF
2019
SMT. SUSHILA NEGI W/O SH. JITENDER
MEHTA, RESIDENT OF VILLAGE BARI,
P.O. JAGOTI, TEHSIL ROHRU, DISTRICT
SHIMLA, H.P. PRESENTLY WORKING
AS SENIOR LABORATORY
TECHNICIAN, KAMLA NAHRU STATE
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39
HOSPITAL FOR MOTHER AND CHILD,
SHIMLA. H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
.
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
29. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1148 OF
2019
SH. LALIT KUMAR SHARMA S/O LATE
SH. MOHAN LAL SHARMA, SHARMA
BUILDING LOWER TUTU SHIMLA H.P.
PRESENTLY WORKING AS SENIOR
LABORATORY TECHNICIAN, DDU
HOSPITAL, SHIMLA, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
30. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1151 OF
2019
SMT. RAJINDRA KUMARI W/O SHRI
DALIP SINGH, RESIDENT OF NEAR
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40
RADHA KRISHAN S.S. SCHOOL, JAIL
ROAD, MANDI, DISTT. MANDI, H.P.
PRESENTLY WORKING AS SENIOR LAB
TECHNICIAN ZONAL HOSPITAL MANDI,
DISTT. MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
.
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
31. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1155 OF
2019
SH. VINOD KUMAR S/O SHRI DHANI
RAM VILLAGE AND POST OFFICE
MAJHARNU, TEH. JOGINDER NAGAR,
DISTT. MANDI, H.P. PRESENTLY
WORKING AS SENIOR LAB
TECHNICIAN, CIVIL HOSPITAL
JOGINDER NAGAR, DISTT. MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
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41
32. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1162 OF
2019
SH. MULKH RAJ S/O SHRI RANJEET
SINGH, PRESENTLY WORKING AS
SENIOR LAB TECHNICIAN CIVIL
HOSPITAL SANDHOLE, SUB TESHSIL
.
SANDHOL, DISTT. MANDI, H.P.
PRESENTLY RESIDING IN V&PO
SANDHOLE, DISTT. MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
33. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1163 OF
2019
SH. HARJEET SINGH S/O SH. SANTOKH
SINGH R/O KAINTH HOUSE NEAR
KAMAL KUNJ, SANJAULI, SHIMLA H.P.
171006., PRESENTLY WORKING AS
SENIOR LABORATORY TECHNICIAN
DDU HOSPITAL, SHIMLA, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
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42
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
34. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1174 OF
2019
.
SH. ASHOK KUMAR SHARMA S/O SH.
RAM DEV SHARMA RESIDENT OF TYPE
III STAFF RESIDENCES, BLOCK II, SET
NO. 8 RAJINDER PRASHAD
GOVERNMENT MEDICAL COLLEGE
TANDA, DISTRCIT KANGRA, H.P.,
PRESENTLY WORKING AS SENIOR
LABORATORY TECHNICIAN, RAJINDER
PRASHAD GOVERNMENT MEDICAL
COLLEGE TANDA, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
35. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1175 OF
2019
SH. HIRA PAL MEHTA S/O SH. L.R.
MEHTA, RESIDENT OF VILLAGE
BADAID, P.O. GHANAHATTI TEHSIL &
DISTT. SHIMLA, H.P. PRESENTLY
WORKING AS SENIOR LABORATORY
TECHNICIAN, DDU HOSPITAL, SHIMLA,
H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
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43
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
.
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
36. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1178 OF
2019
SMT. NEELAM KUMARI W/O SHRI SANT
RAM, RESIDENT OF HOUSE NO. 187/4
RAVI NAGAR MANDI TEH. AND DISTT.
MANDI, H.P. PRESENTLY WORKING AS
SENIOR LAB TECHNICIAN CMO OFFICE
MANDI, DISTT. MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
37. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1181 OF
2019
SH. HARI RAM S/O LATE SH. JAGAN
NATH RESIDENT OF VILLAGE ASLOU,
P.O. CHAKHAR TEHSIL ARKI, DISTT.
SOLAN, H.P. PRESENTLY WORKING AS
SENIOR LABORATORY TECHNICIAN
DDU HOSPITAL, SHIMLA H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
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44
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
38. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1216 OF
2019
SH. SUNDER LAL S/O SHRI GOPAL
DASS, VILLAGE BAGAOUN, POST
OFFICE PANJGAIN, DISTT.
BILASPUR,H.P. PRESENTLY WORKING
AS SENIOR LAB TECHNICIAN CIVIL
HOSPITAL JOGINDER NAGAR, DISTT.
MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
39. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1221 OF
2019
SH. GHANSHYAM S/O SHRI PREM
SINGH, VILLAGE JHANJAIL, POST
OFFICE ROPARI, TEHSIL SARKAGHAT,
DISTT. MANDI, H.P. PRESENTLY
WORKING AS SENIOR LAB TECHNICIAN
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45
CMO OFFICE MANDI, DISTT. MANDI,
H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
.
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
40. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1232 OF
2019
SH. VIRENDER SINGH CHAUHAN S/O
SHRI BACHITTAR SINGH CHAUHAN,
RESIDENT OF VILLAGE KUNI, POST
OFFICE AND TEH. LADBHAROL, DISTT.
MANDI, H.P. PRESENTLY WORKING AS
SENIOR LAB TECHNICIAN CIVIL
HOSPITAL JOGINDER NAGAR, DISTT
MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
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46
41. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 1363 OF
2019
SH. AMAR JEET S/O SHRI ACHHAR
SINGH, R/O VILL AND POST OFFICE
SEHLI, TEHSIL KOTLI, DISTT. MANDI,
H.P. PRESENTLY WORKING AS SENIOR
LAB TECHNICIAN C.M.O. OFFICE
.
MANDI, DISTT MANDI, H.P.
PETITIONER
(BY MR. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HEALTH)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA.
2. SECRETARY FINANCE TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
3. THE DIRECTOR HEALTH
SERVICES, HIMACHAL PRADESH,
SHIMLA.
RESPONDENTS
(BY MR. AJAY VAIDYA,
SENIOR ADDITIONAL ADVOCATE GENERAL)
Whether approved for reporting: Yes.
These petitions coming on for pronouncement of order this day,
the court passed the following:
O R D E R
Since similar questions of facts and law are involved in all these petitions, same were being heard together and are now being disposed of vide this common judgment. However, for the sake of clarity, facts of CWPOA No. 673 of 2019 are being discussed herein below.
2. Petitioners, are working as Senior Laboratory Technicians with the respondent Department, which is the next promotional post for the cadre of Laboratory Attendants. Copy of relevant extract of the Recruitment and Promotion Rules for the post of Senior Laboratory Technician i.e. "The HP Health and Family Welfare Department Sub ordinate class-III services Rectt. & promotion and certain conditions of service (Amendment) Rules, ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 47 1986" is annexed as Annexure P-1. Senior Laboratory Technicians in the respondent Department are entrusted the duties of over-all in charge of the laboratory work in various medical colleges hospitals and play a pivotal role in the medical process by assisting the diagnostic decision of .
the medical officers.
3. State of Himachal Pradesh had been adopting the pay pattern of Punjab in the matters of pay scales applicable to its employees. In the State of Punjab, Senior Laboratory Technicians approached the High Court of Punjab and Haryana, praying therein for revision of their pay scales with effect from 1978 till subsequent stages on the ground that the pay scale being paid to them do not commensurate with their qualifications and experience held and nature of duties being performed by them. High Court of Punjab and Haryana in a number of cases i.e. CWP No. 13425 of 1995, titled Ravinder Kumar and others v. State of Punjab and others, CWP no. 13426 of 1995 titled Ved Parkash Mangla v.
State of Punjab and others, CWP No. 14095 of 1999 titled Amarjit Singh v. State of Punjab and others, CWP No. 15274 of 2003 titled Manju Sharma v. State of Punjab and CWP No. 4343 of 2003, titled as Sikandar Singh v. State of Punjab etc., allowed following pay scales to the Senior Laboratory Technicians:
Date Previous Revised
1.1.1978 510-940 825-1580
680-1120 (20% SG)
1.1.1986 1410-2460 2000-3500
4. Though the aforesaid decision rendered by High Court of Punjab and Haryana was laid challenge in appeal before the Division Bench in ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 48 LPA No. 1438 of 2001, but the same was dismissed and the decision rendered by High Court of Punjab and Haryana in Manju Sharma (supra) came to be upheld. Pursuant to the aforesaid decision rendered by High Court of Punjab and Haryana, State of Punjab granted revision of pay .
scale in the State vide office orders issued from time to time, as is evident from copies of the same dated 27.8.2002 (Annexure P-4), 16.5.2003 (Annexure P-5), 14.7.2005 (Annexure P-6), 12.12.2005 (Annexure P-7) and 20.1.2006 (Annexure P-8). Record further reveals that the revised pay scale of Rs.2000-3500/- fixed with effect from 1.1.1986 stands further revised with effect from 1.1.1996 to Rs. 6400-10640 in the State of Punjab. Government of Punjab issued a Notification dated 11.4.2011 (Annexure P-9), granting thereby following revised pay scales to the category of Senior Laboratory Technician:
w.e.f. 1.1.1978 825-1580
w.e.f. 1.1.986 2000-3500
w.e.f. 1.1.1996 6400-10640
5. Petitioners herein, who are Senior Laboratory Technicians in the State of Himachal Pradesh and are corresponding category for which revised pay scale has been made payable by the Government of Punjab, made oral as well as written representation (Annexure P-10), praying therein for revision of pay scales at par with their counterparts in Punjab in terms of decision dated 22.5.2003. Aforesaid representation was responded vide letter dated 5.6.2003 (Annexure P-11), whereby it was informed that the matter was considered at Government level and necessary action shall be taken with regard to the same. Since for a long period nothing was heard from the respondents, petitioners again filed ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 49 representation dated 6.11.2003 (Annexure P-12) reiterating and reasserting their request for payment of revised pay scale to the category of the petitioners on Punjab pattern. It appears that the respondents paid no heed to the aforesaid representation field by the petitioner, as such, .
they again sent representations dated 7.9.2008 and 3.1.2010 (Annexures P-13 and P-13A), requesting the respondents to revise the pay scales on Punjab pattern, but since no response was received from the respondents, petitioners earlier approached this Court by way of writ petitions, mostly in the year 2011, which were transferred in 2015 to erstwhile Himachal Pradesh Administrative Tribunal, on its establishment and thereafter again transferred to this Court on abolition of the Tribunal and registered as such. Since prayer in all the petitions is same and similar, it would suffice to reproduce main reliefs sought in CWPOA No. 673 of 2019, which are as under:
"That the instant petition may kindly be allowed and a writ in the nature of mandamus may kindly be issued directing the respondents to grant to the petitioners, the revised pay-scales granted to the Senior Lab Technicians in the State of Punjab with effect from the dates from the same has been paid to the latter, vide Annexures P-4 and P-8, read with Annexure P-9, with all consequences, including grant of further revised scale in accordance with the general conversion table w.e.f. 1.1.2006. That arrears of higher pay found payable consequent to the grant of such fixation of pay scales with effect from 1978 and subsequent revisional dates, be paid to the petitioners with upto date interest thereupon @ 12% from the date of filling due."
6. Grievance of the petitioners, as highlighted in the petitions and as has been further canvassed by Ms. Ranjana Parmar, learned Senior Advocate duly assisted by Mr. Karan Singh Parmar, Advocate and Mr. ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 50 Loveneesh Kanwar, Mr. Mukul Sood and Mr. Pawan K. Sharma, Advocates, appearing for the petitioners in all respective petitions, is that on the analogy of Punjab, they being similarly situate to the category of Senior Laboratory Technicians in the State of Punjab are also entitled to .
pay revision with effect from 1978 and as per further revisions. Petitioners assert that since Government of Himachal Pradesh follows Punjab pattern in the matter of pay scales, it ought to have revised the pays scales of the petitioners with effect from 1978, as has been done in the case of their counterparts in Punjab, pursuant to direction issued by the High Court of Punjab and Haryana in LPA No. 1438 of 2001. Learned Counsel appearing for the petitioners vehemently argued that the action on the part of the respondents in deviating from consistently followed policy is illegal and unconstitutional. They further argued that the petitioners are similarly situate to the Senior Laboratory Technicians in the Department of Health in the State of Punjab with regard to duties being discharged and responsibility being shouldered by them. Learned Counsel appearing for the petitioners further submitted that parity inter se Senior Laboratory Technicians in Himachal Pradesh and Punjab is evident from the fact that the petitioners herein were placed in the same pre-revised pay scale, in which their counterparts in Punjab were placed. They further stated that the petitioners and their counterparts in Punjab were similarly placed in the pre-revised pay scales, as such, there is no justification in denying the benefit of revision to the petitioners in deviation of the revision made in the case of their counterparts in Punjab. Learned Counsel appearing for the petitioners further argued that the failure on the part of the ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 51 respondents to implement revised pay scale in the case of the petitioners at par with their counterparts in Punjab has led to defeat the principle of legitimate expectations of the petitioners, at the hands of the respondents.
They further submitted that the scale of Senior Laboratory Technician as .
per amended Rules, Annexure P-1 clearly suggests that pay scale admissible to the petitioners at the time of entry in the cadre was Rs. 510- 940, 680-1120 (20% Selection Grade), which was the same as that payable to the Senior Laboratory Technicians in Punjab with effect from 1.1.1978 (pre-revised). To demonstrate aforesaid parity, learned Counsel appearing for the petitioners invited attention of this Court to Office Memorandum dated 17.7.1995 issued by the Director Health Services to all the Chief Medical Officers in the State (Annexure P-14). They submitted that bare perusal of aforesaid communication clearly reveals that pay scale of the petitioners on 1.1.1986 was same as of their counterparts in Punjab i.e. Rs. 1400-2460.
7. Mr. Ajay Vaidya, learned Senior Additional Advocate General, while opposing the claim of the petitioners, vehemently argued that matter of grant of pay scale to any category is a matter in the realm of executive decision and is an exclusive discretion of the Government and same cannot be claimed as a matter of right. He argued that decision regarding grant of particular pay scale to any category is taken by the Government after considering various factors viz. financial status/constraints, resources and other relevant factors. He further argued that State of Himachal Pradesh is not legally bound to follow Punjab pattern of pay scales. Mr. Vaidya, while inviting attention of this Court to the reply filed ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 52 by the State, argued that the State of Himachal Pradesh may not follow the pay scales given on the basis of decision of High Court of Punjab and Haryana, He further argued that in Punjab, there are three categories of Laboratory Technicians i.e. Medical Laboratory Technician Grade-2, .
Medical Laboratory Technician Grade 1 and Senior Laboratory Technician, whereas, in Himachal Pradesh, there is only one category of Laboratory Technician, which has been redesignated as Senior Laboratory Technician with effect from 24.1.1981. In view of above, Mr. Vaidya argued that simply on the basis of similarity in nomenclature, no legal, legitimate or enforceable right accrues in favour of the petitioners to claim higher pay scales. He further argued that the representations filed by the petitioners were examined at Government level in consultation with the advisory department and same after thorough examination stood rejected. In support of his afore contentions, Mr. Vaidya, invited attention of this Court to judgment passed by Hon'ble Apex Court in State of Himachal Pradesh v. P.D. Attri and others, Civil Appeal No. 2033 of 1996 decided on 11.2.1999, Mr. Vaidya argued that each State has its own individualistic way of governance under the Constitution and one State is not bound to follow the Rules and Regulations applicable to the employees of the other State or if it had adopted the same Rules and Regulations, it is not bound to follow every change brought in the Rules and Regulations in the other State. Mr. Vaidya further argued that if claim of the petitioners is accepted, it would not only lead to huge financial implication but would also invite multiplicity of litigation as all other ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 53 persons working in different categories in the State would start raising claim on similar analogy and there would be no end to it.
8. Lastly, Mr. Vaidya, learned Senior Additional Advocate General invited attention of this Court to decision dated 16.4.2013 taken by the .
Government, whereby pay scales of the petitioners have been revised on the basis of judgment passed by High Court of Punjab and Haryana in CWP No. 13274 of 2003 titled Manju Sharma and others v. State of Punjab, further upheld by Division Bench in LPA No. 1438 of 2011 with effect from 1.5.2013 and argued that once pay of the petitioners has been revised on Punjab pattern, present petition has been rendered infructuous. r
9. I have heard the Learned Counsel appearing for the parties and perused the record.
10. Having heard Learned Counsel appearing for the parties and perused the pleadings adduced on record, by respective parties, it is clear that the facts as have been taken note herein above are almost undisputed, as such, need not be discussed again. In nutshell, petitioners have sought a direction to the respondents to pay them revised pay scale at par with the Senior Laboratory Technicians in the State of Punjab, with all consequential benefits.
11. Prayer made on behalf of the petitioners has been opposed on the ground that the State of Himachal Pradesh is not bound to follow Punjab pattern. It is also not in dispute that during the pendency of the cases, Government of Himachal Pradesh, vide decision dated 16.4.2013, has already granted revision of pay scales to the petitioner with effect from ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 54 1.5.2013, whereas said is being claimed by the petitioners from the date, their counterparts in Punjab were given such benefit.
12. Since benefit, as is being claimed in the instant petition already stands granted to the petitioners vide decision dated 16.4.2013 taken by .
the Government of Himachal Pradesh with effect from 1.5.2013, only question which remains to be decided in the instant petition is that, "whether the petitioners are entitled to revision of pay scales on the analogy of Punjab with effect from 1.1.1978 and at all subsequent stages on the ground that State of Himachal Pradesh in principle follows Punjab in the matter of pay scales?"
13. Before ascertaining the correctness and genuineness of the rival contentions/submissions made by Learned Counsel appearing for the parties and exploring answer to the aforesaid questions of law, this court deems it necessary to discuss the scope of judicial review in the matters of pay revision by the State.
14. By now, it is well settled that normally the courts should not interfere with the recommendations of an expert body, as it is exclusive domain of the State to decide pay scales to be paid to a particular class/category, which it normally decides on the basis of recommendations made by the Pay Commission, which is a proper authority to decide upon the issues and decision of a statutory body like Pay Commission is not subject to judicial review.
15. Reliance is placed upon judgment rendered by Hon'ble Apex Court in P.U. Joshi v. Accountant General, (2003) 2 SCC 632, wherein Hon'ble Apex Court has held that a Government servant has no right to ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 55 challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service. Hon'ble Apex Court held in the judgment supra as under:
"10. We have carefully considered the submissions made on .
behalf of both parties. Questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of Policy and within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India and it is not for the Statutory Tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State. Similarly, it is well open and within the competency of the State to change the rules relating to a service and alter or amend and vary by addition/subtraction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service, as may be required from time to time by abolishing existing cadres/posts and creating new cadres/posts. There is no right in any employee of the State to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a Government servant has no right to ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 56 challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service."
16. Reliance is placed upon judgment rendered by Hon'ble Apex Court .
on 5.3.2020 in case Union of India v. M.V. Mohanan Nair, wherein Hon'ble Apex Court held that interference with the recommendations of the expert body like Pay Commission and its recommendations for the MACP, would have serious impact on the public exchequer Hon'ble Apex Court in judgment supra held as under:
"51. The ACP Scheme which is now superseded by MACP Scheme is a matter of government policy. Interference with the recommendations of the expert body like Pay Commission and its recommendations for the MACP, would have serious impact on the public exchequer. The recommendations of the Pay Commission for MACP Scheme has been accepted by the Government and implemented. There is nothing to show that the Scheme is arbitrary or unjust warranting interference. Without considering the advantages in the MACP Scheme, the High Courts erred in interfering with the government's policy in accepting the recommendations of the Sixth Central Pay Commission by simply placing reliance upon Raj Pal's case. The impugned orders cannot be sustained and are liable to be set aside."
17. Under Entry No. 41 of Schedule 7 of the Constitution of India, State Government has exclusive jurisdiction on State Public Services. The pay scales and service conditions prescribed under Article 309 are alone applicable in the State. Thus, pay scales of Punjab cannot be applied until the State Government issues its own orders.
18. Main argument/submission raised on behalf of the petitioners that the State of Himachal Pradesh is bound to follow pay pattern fixed by ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 57 Punjab, already stands negated/rejected by Hon'ble Apex Court in the celebrated case titled State of Himachal Pradesh v. P.D. Attri, (1999) 3 SCC 317, wherein it has been categorically held that the State is not bound to follow the rules and regulations applicable to the employees of .
other State and even if it has been following the same, it is not bound to follow every change made by the other State.
19. In the aforesaid facts, Hon'ble Apex Court held that even though State of Himachal Pradesh, as per policy and practice had been adopting pay scales for its employees as sanctioned from time to time by the State of Punjab and Haryana but yet State of Himachal Pradesh is not bound to follow every change brought in the rules and regulations in the other State. Hon'ble Apex Court held that every State has its own individualistic way of governance under the Constitution. No law commands it to follow the pay scales granted by another State. Hon'ble Apex Court has held as under:
"5. The case of the respondents is not based on any Constitutional or any other legal provisions when they claim parity with the posts similarly designated in the Punjab & Haryana High Court and their pay-scales from the same date. They do not allege any violation of any Constitutional provision or any other provision of law. They say it is so because of "accepted policy and common practice" which according to them are undisputed. We do not think we can import such vague principles while interpreting the provisions of law. India is a union of States. Each State has its own individualistic way of governance under the Constitution. One State is not bound to follow the rules and regulations applicable to the employees of the other State or if it had adopted the same rules and regulations, it is not bound to follow every change brought in the rules and regulations in the other State. The question then ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 58 arises before us is if the State of Himachal Pradesh has to follow every change brought in the States of Punjab & Haryana in regard to the rules and regulations applicable to the employees in the States of Punjab & Haryana. The answer has to be in negative. No argument is needed for that as anyone having basic knowledge of .
the Constitution would not argue otherwise. True, the State as per "policy and practice" had been adopting the same pay-scales for the employees of the High Court as sanctioned from time to time for the employees of the Punjab & Haryana High Court and it may even now follow to grant pay-scales but is certainly not bound to follow. No law commands it to do so.
6. The State of Punjab was reorganised into States of Punjab, Haryana and Himachal Pradesh, to begin with, was a Union Territory and was given the status of full statehood in 1970. Since employees of the composite States of Punjab were taken in various Departments of the State of Himachal Pradesh in order to safeguard the seniority, pay-scales etc., the State of Himachal Pradesh followed the Punjab pattern of pay-scales. After attaining the status of full statehood, High Court of Himachal Pradesh formulated its own rules and regulations for its employees. It adopted the pattern of Punjab & Haryana High Court rules of their employees. When Punjab & Haryana High Court gave effect to certain portion of its Rules from 25.9.1985 by notification dated 23.1.1986 as a result of which redesig-nation of the posts of Senior Translators and Junior Translators were equated to the posts in Punjab Civil Secretariat, the Himachal Pradesh High Court similar effect was given to in its rules for its employees. When the Punjab & Haryana High Court gave effect to those rules from 23.1.1975, the State Government did not agree to the recommendations of the Chief Justice of the Himachal Pradesh High Court to follow the same suit. It is true that till now, Himachal Pradesh High Court has been following the rules applicable to the employees of the Punjab & Haryana High Court and it may go on following those rules as may be amended by the Punjab & Haryana High Court from time to ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 59 time, but certainly it is not bound to so follow. No law commands the State Government to follow the rules applicable to the employees of the Punjab & Haryana High Court to the employees of the Himachal Pradesh High Court. That being the position, it is not necessary for us to examine different qualifications for .
appointment to the posts of Senior Translators and Junior Translators that may exist between Punjab & Haryana High Court and the Himachal Pradesh High Court and also as to the mode of their recruitment/place-ment in the service. Moreover, any change in the pay- scales following Punjab & Haryana High Court can set in motion chain reaction for other employees which may give rise to multiplicity of litigation among various categories of employees.
Rules of each High Court have to be examined independently. There cannot be any such law that Himachal Pradesh High Court has to suo motu follow the same rules as applicable to the employees working in the Punjab & Haryana High Court."
20. In view of the exposition of law in P.D. Attri supra, it is to be seen as to whether the petitioners have been able to establish violation of constitutional or other legal provisions when they lay their claim based upon parity qua a post or similarly situate post in Punjab or pay scale granted in the other State.
21. In the case at hand, though petitioners have claimed that the category of Senior Laboratory Technicians in the State of Himachal Pradesh is similar to the category of laboratory technician serving in Punjab in the Health Department, as regards the nature of duties discharged as well as responsibilities shouldered by them but in the instant petition, they have not made any whisper regarding nature of work done by them so as to compare them with their counterparts in the State of Punjab.
::: Downloaded on - 24/07/2022 23:09:01 :::CIS 6022. Leaving everything aside, this court finds that there exists three categories of laboratory technicians in the State of Punjab in different pay scales i.e. Name of post Pay scale with effect Pay scale with effect .
from 1.1.1986 from 1.1.1996
Medical Laboratory 1410-2460 4550-7220
Technician, Grade-1
Medical Laboratory 1800-3200 5800-9200
Technician, Grade-2
Senior Laboratory 2000-3500 6400-10640
Technician
23. In the State of Himachal Pradesh, there exists only one category of laboratory technician in the Health and Family Welfare Department i.e. Laboratory Technician in the pay scale of Rs. 510-940 (1.1.1978), 1410- 2460 (1.1.1986) and 5000-8100 (1.1.1996). Category of laboratory technician was subsequently re-designated as Senior Laboratory Technician in the State on 24.1.1981. A comparison of the position existing in the two States clearly reveals that the category of Senior Laboratory Technician in Punjab is at third level from the initial stage whereas, in the State of Himachal Pradesh, it is initial rank of laboratory technician and on the top of everything, the categorization of Medical Laboratory Technician Grades 1 and 2, does not exist in the State of Himachal Pradesh. There are no promotional avenues for the category of Senior Laboratory Technician in the State of Punjab, whereas in the State of Himachal Pradesh, promotional avenue has been created for the Senior Laboratory Technicians i.e. post of Chief Laboratory Technician with pay scale of Rs. 1640-2925 (1.1.1986) and 5480-8925 (1.1.1996).
::: Downloaded on - 24/07/2022 23:09:01 :::CIS 6124. No legal, legitimate or enforceable right accrues in favour of the petitioners to claim higher pay scale on the basis of similarity in nomenclature, if any.
25. Ms. Parmar, learned senior counsel appearing for the petitioners, .
argued that since State of Himachal Pradesh had been consistently following practice of adopting Punjab pay scales and had subsequently granted pay revision on the analogy of Punjab, action of the respondents in denying pay revision to the petitioners, as has been granted to their counterparts in Punjab, on the basis of judgment passed by High Court of Punjab and Haryana, is not sustainable in the eye of law.
26. However, aforesaid argument deserves outright rejection in view of specific law laid down by Hon'ble Apex Court in P.D. Attri, wherein it has been held that even if State of Himachal Pradesh as per practice has been granting pay scales to its employees, it is not bound to follow every change brought about in the rules and regulations in other States.
27. Division Bench of this Court in a bunch of cases had an occasion to deal with the question, which has fallen for determination in the cases at hand. Vide order dated 22.9.2020, Division Bench of this Court in case titled State of Himachal Pradesh & others v. Dr. Suman Sharma, CWP No. 2710 of 2018 and other connected matters, decided on 22.9.2020, while placing reliance upon various judemnts rendered by Hon'ble Apex Court, has held that the State of Himachal Pradesh is not bound to follow the Rules and Regulations as applicable to the employees of Punjab or other States, even if it has adopted some rules and regulations, it is not ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 62 bound to follow every change brought in such rules and regulations in other State. Division Bench held as under:
"4. Observations:
.
Regarding following the Punjab Pattern of Pay-Scale.
4(i) Reliance upon the notification dated 21.12.2011 issued by State of Punjab for claiming Grade Pay of Rs.6600/- is misplaced. This notification was issued by Government of Punjab and not by Government of Himachal Pradesh. Even though petitioner-State has admitted that by and large it takesinto consideration the Punjab pattern of pay-scale. But the fact cannot be lost sight of that the petitioner-State examines the matter of pay-scales in view of it own staffing pattern, Recruitment & Promotion Rules, method of recruitment, educational qualifications, geographical/traditional/territorial conditions and financial resources and then fixes the pay-scales for its employees by framing statutory Rules under Article 309 of Constitution of India. Government of Himachal Pradesh is not legally bound to follow Punjab pattern pay-scales.
In (1999) 3 SCC 217 titled State of H.P. vs. P.D. Attri and others, Hon'ble Apex Court held that even if State of Himachal Pradesh as per policy & practice has been adopting pay-scales for its employees as sanctioned from time to time by States of Punjab and Haryana yet State of Himachal Pradesh is not bound to follow it or if it had adopted rules and regulations applicable to employees of other State even then it is not bound to follow every change brought in the rules and regulations in the other State. Every State has its own individualistic way of governance under the Constitution. No law commands it to follow pay scales granted by any other State. Relevant paras of the judgment are extracted hereinafter:-
"5. The Case of the respondents is not based on any Constitutional or any other legal provisions when they claim parity with the posts similarly designated in the Punjab and Haryana High court and their pay-scales from the same date. They do not allege any violation of any Constitutional provision or any other provision of law. They say it is so because of "accepts policy and common practice" which according to them are undisputed. We do not think we can import such vague principles while interpreting the provisions of law. India is a union of States. Each State has its own individualistic way of governance under the Constitution. One State is not bound to follow the rules and regulations applicable to the employees of the other State or if it had adopted the same rules andregulations, it is not bound to follow every change brought in the rules and regulations in the other State. The question then arises before us is if the State of Himachal Pradesh has to follow every change brought in the States ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 63 of Punjab and Haryana in regard to the rules and regulations applicable to the employees in the States of Punjab and Haryana.
The answer has to be in negative. No argument is needed for that as anyone having basic knowledge of the Constitution would not argue otherwise, True, the State as per "policy and practice' had been adopting the same pay-scales for the employees of the High court as sanctioned from time to time for the employees of the Punjab and Haryana High court and it may even now follow to grant pay-scales .
but is certainly not bound to follow. No law commands it to do so 6 The State of Punjab was reorganised into States of Punjab, Haryana and Chandigarh. Chandigarh, to begin with, was a Union Territory and was given the status of full Statehood in 1970. Since employees of the composite States of Punjab were taken in various Departments of the State of Himachal Pradesh in order to safeguard the seniority, pay-scales etc. , the State of Himachal Pradesh followed the Punjab pattern of pay-scales. After attaining the status of full statehood, High court of Himachal Pradesh formulated its own rules and regulations for its employees. It adopted the pattern of Punjab and Haryana High court rules of their employees. When Punjab and Haryana High court gave effect to certain portion of its Rules from 25/9/1985 by notification dated 23/1/1986 as a result of which redesignation of the posts of Senior Translators and Junior Translators were equated to the posts in Punjab Civil Secretariat, in the Himachal Pradesh High court similar effect was given to in its rules for its employees. When the Punjab and Haryana High court gave effect to those rules from 23/1/1975, the State government did not agree to the recommendations of the chief justice of the Himachal Pradesh High court to follow the same suit. It is true that till now, Himachal Pradesh High court has been following the rules applicable to the employees of the Punjab and Haryana High court and it may go on following those rules as may be amended by the punjab and Haryana High court from time to time, but certainly it is not bound to so follow. No law commands the State government to follow the rules applicable to the employees of the Punjab and Haryana High court to the employees of the Himachal Pradesh High court. That being the position, it is not necessary for us to examine different qualifications for appointment to the posts of Translators and Junior Translators that may exist between Punjab and Haryana High court and the Himachal Pradesh High court and also as to the mode of their recruitment/placement in the service. Moreover, any change in the pay-scale following Punjab and Haryana High court can set in motion chain reaction for other employees which may give rise to multiplicity of litigation among various categories of employees. Rules of each High court have to be examined independently. There cannot be any such law that Himachal Pradesh High court has to suo motu follow the same rules as applicable to the employees working in the Punjab and Haryana High court".
It will also be apposite to refer here to a judgment rendered on 16.10.2014 by a Single Bench of this Court in CWP No.8425/2010 titled Balvinder Singh Mahal Vs. State of H.P. and others to the effect that State of Himachal Pradesh is not required to follow Punjab or any other Government's pattern of pay scale. Relevant paras of the judgment are extracted hereunder:-
::: Downloaded on - 24/07/2022 23:09:01 :::CIS 64"7. In view of the exposition of law in P.D. Attri's case (supra), it has to be seen as to whether the petitioner has been able to establish violation of any constitutional or any other legal provision when he has laid claim based upon parity with the posts with similarly situate persons in the State of Punjab and claiming pay scales granted in the said State.
8. The petitioner nowhere in the petition has made even whisper regarding the nature of the work done by him so as to compare it with his counterparts in State of Punjab. Further, he has not even mentioned the educational .
qualifications, the working conditions and other relevant factors so as to make it possible for this Court to come to a conclusion with regard to similarity in the nature of work performed by the petitioner vis-a- vis his counterparts in the adjoining State of Punjab. The petitioner has simply relied upon the judgment of the Hon'ble Supreme Court in Union of India versus Dineshan K.K. (2008) 1 SCC 586, State of Kerala versus B.Renjith Kumar and others (2008) 12 SCC 219 and Hukam Chand Gupta versus Director General, Indian Council of Agricultural Research and others(2012) 12 SCC
666.
9. No doubt, the aforesaid cases deal with the doctrine of equal pay for equal work, but the same is not an abstract doctrine capable of being enforced in a Court of law. However, this principle has no mathematical application in every case and a number of factors have to be considered before applying this principle. This principle requires consideration of various dimensions of a given job and normally the applicability of this principle must be left to be evaluated and determined by an expert body and the Court should not interfere till it is satisfied that the necessary material on the basis whereof the claim is made is available on record with necessary proof and that there is equal work of equal quality and all other relevant factors are fulfilled."
In (2017) 4 SCC 449 titled Secretary Mahatama Gandhi Mission and another vs. Bhartiya Kamgar Sena and others in following paras, it was held that even the recommendations of pay commission are not binding on the Government of India.
They are meant for administrative guidance. The Government of India may reject or accept the recommendations either fully or partly. Even if Government of India accepts that recommendations of Pay Commission, then also it has no authority to compel the States to adopt structure applicable to Government of India.
"60. The Sixth Pay Commission appointed by the Government of India is only a body entrusted with the job of making an assessment of the need to revise the pay structure of the employees of the Government of India and to suggest appropriate measures for revision of the pay structure. The recommendations of the pay commission are not binding on the Government of India, much less any other body. They are only meant for administrative guidance of the Government of India. The Government of India may accept or reject the recommendations either fully or partly, though it has never happened that the recommendations of the pay commission are completely rejected by the Government so far.
61. Once the Government of India accepted the recommendations of the pay commission and issued orders signifying its acceptance, it became the decision of the Government of India. That decision of the Government of India created a right in favour of its employees to receive pay in terms of the recommendations of the Sixth Pay Commission and the Government of India is obliged to pay.::: Downloaded on - 24/07/2022 23:09:01 :::CIS 65
62 The fact that the Government of India accepted the recommendations of the Sixth Pay Commission (for that matter any pay commission) does not either oblige the States to follow the pattern of the revised pay structure adopted by the Government of India or create any right in favour of the employees of the State or other bodies falling within the legislative authority of the State. The Government of India has no authority either under the Constitution or under any law to compel the States or their instrumentalities to adopt the pay structure applicable to the employees of the Government of .
India."
In Civil Appeal No.2016/2020, titled Union of India and others Vs. M.V. Mohanan Nair, decided on 5.03.2020, Hon'ble Apex Court held that Court should not interfere with the recommendations of the expert body. When the Government has accepted the recommendation of the Pay Commission and has also implemented those, any interference by the Court would have a serious impact on the public exchequer. It was observed that it is the function of the Government which normally acts on the recommendations of the Pay Commission, which is the proper authority to decide upon the issues and decision of experts bodies like the Pay Commission is not ordinarily subject to judicial review.
Therefore, Grade Pay of Rs.6600/- cannot be released to the respondent merely on the ground that Punjab Government grants this grade pay to its Senior Lecturer/Assistant Professor/Reader. Punjab pattern of pay scales will not be ipso facto binding upon the petitioner-State.
28. At this stage, Ms. Ranjana Parmar, learned Senior Advocate argued that there is ample material available on record suggestive of the fact that the nature of work performed by the petitioners in the State of Himachal Pradesh is same as of their counterparts in Punjab. She also argued that the nature of duties discharged as well as responsibilities shouldered by the petitioners in the State of Himachal Pradesh are similar to that of their counterparts in the State of Himachal Pradesh, which fact is evident from the fact that the petitioners were placed in same pre-
revised pay scales as their counterparts in the State of Punjab were placed. She argued that careful perusal of the minutes of meeting of the Expert Committee held on 16.4.2013 under the Chairmanship of Principal ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 66 Secretary (Finance) (Annexure R-4) clearly reveals that the Finance Department vide 28.9.2012 revised the grade pay of Senior Laboratory Technician from Rs.3200 to Rs.3600 treating it at par with lowest feeder category of Medical Laboratory Technician, Grade-2 in Punjab, which has .
been allowed grade pay of Rs.3600/- with effect from 1.12.2011 and has been allowed pay scale of Rs. 4550-7220 with effect from 1.1.1996 in place of Rs. 3330-6200 in terms of High Court of Punjab and Haryana order.
29. However, having carefully perused the minutes of meeting, Annexure R-4, dated 16.4.2013, this court finds no force in the submissions made by learned senior counsel for the petitioners, because, if the minutes of meeting of the Expert Committee are read in their entirety, they clearly reveal that the State of Himachal Pradesh nowhere granted benefit of pay revision to the category of petitioners with effect from 1.5.2013 on the basis of judgment rendered by High Court of Punjab and Haryana, rather, it after having taken note of detailed note presented to it, observed that though always there has been parity in the pay scales given to the Senior Laboratory Technician in Health and Family Welfare Department with that of Senior Laboratory Technician in Punjab, prior to judgment passed by High Court of Punjab and Haryana but State of Himachal Pradesh is not bound to follow Punjab pay scales revised /granted from back dates, on the basis of judgment passed by High Court of Punjab and Haryana. Expert Committee has specifically recorded in its finding that the parity/pay scales granted to Senior Laboratory Technician ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 67 cannot be accepted in its totality and there is no cadre of Chief Laboratory Technician in the Health Department in Punjab.
30. Petitioners may be right in contending that the duties and responsibilities of the category of Senior Laboratory Technicians are .
same since the very beginning, however, promotional avenue for the post of Senior Laboratory Technician in the State of Himachal Pradesh is Chief Laboratory Technician, which category is at the top in the hierarchy and supervisory category of petitioners. Leaving everything aside, as has been noticed herein above, in the State of Punjab, there exist three categories of laboratory technicians in different pay scales i.e. Medical Laboratory Technician Grade-I, Medical Laboratory Technician Grade-II and Senior Laboratory Technician in different pay scales, whereas, in the State of Himachal Pradesh there exists only one category i.e. laboratory technician which now stands redesignated as Senior Laboratory Technician with effect from 24.1.1981.
31. In an order passed in case titled Punjab State Power Corporation Limited v. Rajesh Kumar Jindal and others, (2019) 3 SCC 547, Hon'ble Apex Court has held that following factors are to be kept in view, while fixing pay structure viz. (i) method of recruitment; (ii) level at which recruitment is made; (iii) the hierarchy of service in a given cadre; (iv) minimum educational/technical qualifications required; (v) avenues of promotion; (vi) the nature of duties and responsibilities; and (vii) employer's capacity to pay, etc. ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 68
32. Hon'ble Apex Court, while detailing factors as detailed herein above, categorically held that the burden of proof is on the person claiming parity. Hon'ble Apex Court has held as under:
"20. Burden of proof on the person claiming parity of pay scale:-
.
Ordinarily, the scale of pay is fixed keeping in view the several factors i.e. (i) method of recruitment; (ii) level at which recruitment is made; (iii) the hierarchy of service in a given cadre; (iv) minimum educational/technical qualifications required; (v) avenues of promotion; (vi) the nature of duties and responsibilities; and (vii) employer's capacity to pay, etc.
21. It is well settled that for considering the equation of posts and the issue of equivalence of posts, the following factors had been held to be determinative:-
(i) The nature and duties of a post;
(ii) The responsibilities and powers exercised by the officer holding a post, the extent of territorial or other charge held or responsibilities discharged;
(iii) The minimum qualifications, if any, prescribed for recruitment to the post; and
(iv) The salary of the post (vide Union of India and Another v. P.K. Roy and Others AIR 1968 SC 850).
33. In Punjab State Electricity Board and another v. Thana Singh and others, (2019) 4 SCC 113, Hon'ble Apex Court held that it is the domain of the employer to classify its employees/posts on the basis of qualifications, duties and responsibilities of the posts concerned and to prescribe different pay scales accordingly. Article 14 of the Constitution of India would get attracted only if there is discrimination between same set of employees and not otherwise and to prove this discrimination, burden will be on the person claiming parity, who has to discharge it by producing ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 69 material before the court. Determination of parity or disparity in duties and responsibilities is a complex issue and same should be left to the expert body. Hon'ble Apex Court has held in the judgment supra as under:
.
19. The appellant-Board being an autonomous body governed by its own regulations, it was for the Board to classify its employees/posts on the basis of qualifications, duties and responsibilities of the posts concerned. If the classification has reasonable nexus with the objective sought to be achieved, the Board would be justified in prescribing different pay scales. Article 14 of the Constitution of India would be applicable only when a discrimination is made out between the persons who are similarly situated and not otherwise. It is the duty of an employee seeking parity of pay to prove and establish that they have been discriminated. In State of Haryana and Another v. Tilak Raj and Others (2003) 6 SCC 123, this Court held that "11. ....to claim a relief on the basis of equality, it is for the claimants to substantiate a clear-cut basis of equivalence and a resultant hostile discrimination before becoming eligible to claim rights on a par with the other group vis-à-vis an alleged discrimination."
20. Burden of establishing parity in pay scale and employment is on the person claiming such right. There were neither pleadings nor any material produced by the respondents to prove that the nature of work performed by the Sub Fire Officers is similar with that of the Head Clerks and the Internal Auditors to claim parity of pay scale. As pointed out earlier, the burden lies upon the party who claims parity of pay scale to prove similarity in duties and responsibilities. In the writ petition, respondents have only claimed parity of pay scale with those of the employees working under the Punjab Government which was not accepted by the learned Single Judge. Determination of parity or disparity in duties and responsibilities is a complex issue and the same should be left to the expert body. When the expert body considered revision of pay for various posts, it did not revise the pay scale of Sub Fire Officers. When the expert body has taken such a ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 70 view, it is not for the courts to substitute its views and interfere with the same and take a different view."
34. Since the petitioners have failed to establish on record that the .
factors required to be considered, while fixing pay scales, were not examined by the respondents and they were performing similar duties as are /were being performed by their counterparts, no illegality can be said to have been committed by the respondents, while not acceding to the prayer made on behalf of the petitioners for grant of revised pay scales with effect from 1978. State being competent authority has already granted revised pay scales as was being claimed by the petitioners with effect from 1.5.2013, as is being received by their counterparts in the State of Punjab. No doubt, aforesaid benefit came to be accorded to the category of laboratory technicians in the State of Punjab with effect from 1978 but definitely, State of Himachal Pradesh is /was not bound by the decision rendered by High Court of Punjab and Haryana, whereby State of Punjab came to be specifically directed to give pay revised from 1978.
35. Since the State of Himachal Pradesh is not bound to follow each and every change brought in the rules and regulations in other States, its action inasmuch as granting grade pay of Rs. 4800/- is a measure personnel to them with effect from 1.5.2013, cannot be said to be bad in law.
36. Though Learned counsel appearing for the petitioners submitted that the petitioners herein may be granted said revision from 1978 on notional basis and thereafter on actual basis with effect from 1.5.2013 but since it is the exclusive domain of the State Government to decide the pay ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 71 scales and State, in its wisdom has already decided to give said benefit to the category of the petitioners with effect from 1.5.2013, any intervention of this Court at this stage would not only lead to multiplicity of litigation but would also cause heavy financial burden upon State exchequer.
.
37. Recently, Hon'ble Apex Court in Indian Ex Servicemen Movement & Ors. v. Union of India & Ors, Writ Petition (Civil) No. 419 of 2016, decided on 16.3.2022, commonly known as "One Rank One Pension" case has held that the executive is therefore, well within its limits to prescribe a policy keeping in view the financial implications. Hon'ble Apex Court in judgment supra held as under:
"40. As opposed to the factual matrix in Nakara (supra), where the liberalised pension scheme was not made applicable to employees who had retired prior to the cut-off date, in this case the OROP principle is applicable to all retired army personnel, irrespective of the date of retirement. The cut-off date is only prescribed for determining the base salary used for computing the pension. While for those who retired on or after 2014, the last drawn salary is used for computing the pension; for those who retired prior to 2014, the average of the salary drawn in 2013 is used. This policy only seeks to protect those who retired before 2014 since the last drawn salary of the prior retirees might be too low and incomparable to the pay of the 2014 retirees. Moreover, if the maximum salary drawn is to be used as the base value instead of taking the average salary, an additional outlay of Rs 1,45,339.34 crores would be incurred. The executive is therefore, well within its limits to prescribe a policy keeping in view the financial implications."
38. Otherwise also, by way of an additional affidavit filed on 24.3.2022 the respondent-State has placed on record copy of letter dated 5.1.2022 issued by the Additional Chief Secretary (Finance) to the office of ::: Downloaded on - 24/07/2022 23:09:01 :::CIS 72 Advocate General, whereby it has been conveyed that the Government has decided to pay grade pay of Rs. 4800/- to the category of petitioner with effect from 1.5.2013 and as such, the grievance of the petitioners stands resolved, inasmuch the desired grade pay /pay scale has been .
paid to them.
39. In view of the various judgments taken note herein above, the State of Himachal Pradesh is not bound to follow every change brought about in the rules and regulations of the State of Punjab, as such, petitioners cannot seek a direction from this Court to extend the benefit of revision of pay scales, which otherwise has been granted by the respondents with effect from 1.5.2013, from back date i.e. 1.1.1978.
40. In view of detailed discussion made herein above, all the petitions are dismissed to the extent revision of pay scale has been sought from back date and to the extent, pay revision has been granted by the respondents with effect from 1.5.2013, the petitions are allowed/disposed of.
Pending applications, if any, in all the petitions stand disposed of.
(Sandeep Sharma) Judge July 11 , 2022 (Vikrant) ::: Downloaded on - 24/07/2022 23:09:01 :::CIS