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Himachal Pradesh High Court

Pawna Devi vs State Of Himachal Pradesh on 30 November, 2021

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

      IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 30th DAY OF NOVEMBER, 2021




                                                             .
                               BEFORE





                HON'BLE MR. JUSTICE AJAY MOHAN GOEL

                  CIVIL WRIT PETITION No. 6401 of 2020





    Between:-

    1. PAWNA DEVI, W/O SH. KULDEEP





       CHAND,    RESIDENT     OF   V.P.O.
       GHEANTTA, TEHSIL PALAMPUR,
       DISTRICT KANGRA, H.P.
    2. SUSHMA DEVI W/O SH. MADAN LAL,
       RESIDENT OF VILLAGE DHAR, P.O.

       CHACROT, TEHSIL DHARAMSHALA,

       DISTRICT KANGRA,H.P.
    3. RITU BALA, W/O SH. VIJAY KUMAR,
       RESIDENT OF VILLAGE DIYARA,
       P.O.    TOTA      RANI,    TEHSIL


       DHARAMSHALA, DISTRICT KANGRA,
       H.P.
    4. SUNITA DEVI, D/O SH. BHARAM
       DASS, RESIDENT OF VPO ARTH,




       TEHSIL    PALAMPUR,      DISTRICT
       KANGRA, H.P. 5. KAMLESH KUMARI





       D/O SH. MADAN LAL, RESIDENT OF
       VILLAGE RAJEHAR, P.O. CHACHIAN,
       TEHSIL    PALAMPUR,      DISTRICT





       KANGRA, H.P.
    6. SANEH LATA, W/O SH. AJAY
       KUMAR, RESIDENT OF VILLAGE
       AND P.O. JHEL, TEHSIL PANCHAYAT
       JHEOL, TEHSIL DHARAMSHALA,
       DISTRICT KANGRA, H.P.
    7. SARITA DEVI, W/O SH. NEEL KUMAR,
       R/O VILLAGE TREMBLU (MATT), P.O.
       DHAGWAR, TEHSIL DHARAMSHALA,
       DISTRICT KANGRA, H.P.
    8. NEHA VERMA, W/O SH. SONU
       DOGRA, RESIDENT OF VILLAGE &
       P.O.       KHANIYA,        TEHSIL
       DHARAMSHALA, DISTRICT KANGRA,
       H.P.




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                                     2



    9. REENA RANA W/O SH. DHARUV
       RANA, RESIDENT OF VILLAGE AND
       P.O. DARGELLA, TEHSIL SHAHPUR,
       DISTRICT KANGRA, H.P.




                                                            .
    10.RADHA DEVI, W/O SH. AJAY KUMAR,





       RESIDENT OF VILLAGE MAGIYANA,
       P.O. GARNOTA, TEHSIL BHATTIYAT,
       DISTRICT CHAMBA, H.P.
    11.PUSHPA DEVI, W/O SH. SURJEET





       SINGH,   RESIDENT     OF  V.P.O.
       SADDUN BADGRAN, TEHSIL BAROH,
       DISTRICT KANGRA, H.P.
    12.SUKANYA    D/O   GANDHI    RAM





       RESIDENT OF VILLAGE KANDA PO
       BANIKHET    TEHSIL    DALHOUSIE
       DISTRICT CHAMBA.
                    r                              ..........PETITIONER

    (BY MR. ANUP RATTAN, ADVOCATE)

    AND

    1. STATE OF HIMACHAL PRADESH,


       THROUGH     ADDITIONAL   CHIEF
       SECRETARY FOREST) TO THE
       GOVERNMENT     OF    HIMACHAL
       PRADESH.




    2. PRINCIPAL CHIEF CONSERVATOR
       OF FOREST, GOVERNMENT OF





       HIMACHAL PRADESH, SHIMLA.
    3. HIMACHAL PRADESH NATURAL
       RESOURCE MANAGEMENT SOCIETY





       THROUGH ITS EXECUTIVE OFFICER,
       FOREST ROAD SOLAN, DISTRICT
       SOLAN, H.P.

                                           ..........RESPONDENTS

    (MR. ASHOK SHARMA, ADVOCATE GENERAL
    WITH M/S ADARSH SHARMA AND SANJEEV
    SOOD, ADDITIONAL ADVOCATE GENERALS
    WITH MS KAMAL KANT CHANDEL, DEPUTY
    ADVOCATE GENERAL)
    ___________________________________________________________

             Whether approved for reporting:       No




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                                            3



                 This petition coming on for hearing this day, the Court passed

    the following:-




                                                                    .
                                      ORDER

By way of this writ petition, the petitioners have prayed for the following substantive reliefs:-

"i. That respondents be directed to include the Petitioners Group Organizers working under the KFW Climate Proofing Project as contract employees of respondent No. 3 Society.
ii.
That respondent No. 3 Society may kindly be directed to enter into an agreement with the petitioners, as is entered by the respondent No. 3 Society with the staff of Swan River Project, Kandi Project and Indo German Changer Project.
iii. That respondents be directed to extend the benefit of Annexure P-2, service regulations notified on 19.04.2017 to the petitioners and provide all the benefits of this policy.
iv. That respondents be directed to provide the promotional avenues under the respondent No. 3 Society in accordance with law, as is being provided to the staff of other projects."

2. When this case was taken up for consideration, learned Counsel for the petitioner submits that, at this stage, the petitioners shall be satisfied in case the issues raised by the them in the writ petition are gone into by respondent No. 3 and appropriate order is passed in this regard by the said authority.

3. Without reverting to the respective contentions of the parties on merit, on the prayer of the petitioners made through counsel, this writ petition is disposed of with the direction that the petitioners may file ::: Downloaded on - 31/01/2022 23:21:42 :::CIS 4 appropriate representation(s) before respondent No. 3, within a period of two weeks from today, and appropriate orders thereupon, be passed by .

said authority within a period of four weeks as from the date of receipt of the representation. The petitioners be given hearing in a representative capacity, if so desired. It goes without saying that this Court has not made any observation on the merit of the case and the petition stands disposed of strictly on the basis of request of the petitioners made through their Counsel.

4. The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.

Copy dasti.

(Ajay Mohan Goel) Judge November 30, 2021 (narender) ::: Downloaded on - 31/01/2022 23:21:42 :::CIS