Himachal Pradesh High Court
Budh Bahadur vs The State Of H.P. & Others on 2 April, 2015
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA.
CWP No. 5799 of 2014
.
Decided on: 02.4.2015
Budh Bahadur
...... Petitioner.
versus
The State of H.P. & others.
....Respondents.
___________________________________________________________
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting or not?1
For the petitioner : Mr. A.K. Gupta, Advocate
For the respondents : Mr. V.K. Verma and Mr.
Rupinder Singh, Additional
Advocate Generals and Ms. Parul
Negi, Dy. A.G for the respondents
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Tarlok Singh Chauhan, J.
The petitioner is nepalese and have claimed the following substantive relief:-
"That Annexure P-1 may be quashed and the respondents may be ordered to regularize the services of the petitioner/grant work charge status to the petitioner w.e.f the due date with all the benefits incidental thereof".
2. Indisputably the only ground taken by the respondents to resist the claim of the petitioner is that the 1 Whether the local reporters of the newspapers are allowed to see the judgment?Yes ::: Downloaded on - 15/04/2017 17:56:34 :::HCHP 2 matter is subjudice before the Hon'ble Supreme Court wherein the larger issue as to whether the petitioner who is not Indian Citizen is entitled to invoke writ jurisdiction of the .
Courts in India is pending adjudication.
3. Concededly, the petitions pending before the Hon'ble Supreme Court have now been dismissed. Therefore, there is no reason why the petitioner ought to be deprived of the benefit of the relief as claimed in the petition particularly when other similarly situated nepalese employees have already been conferred the same and similar benefit.
4. Accordingly the writ petition is allowed and the respondents are directed to confer work charge status upon the petitioner immediately on completion of 8 years of un- interrupted service and thereafter regularize the services of the petitioner in accordance with law upon availability of vacancies.
5 Accordingly, the petition is disposed of so also the pending application (s) if any.
2nd April, 2015 (Tarlok Singh Chauhan)
(veena) Judge
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