Sikkim High Court
Purna Lall Subba & Ors vs State Of Sikkim And Ors on 1 July, 2016
Author: Satish K. Agnihotri
Bench: Satish K. Agnihotri
IN THE HIGH COURT OF SIKKIM CIVIL EXTRA ORDINARY JURISDICTION W. P. (C) No. 0S OF 2016 Mr. Purna Lall Subba, S/o Shri Shri Krishna Bdr. Limboo Working on Muster Roll in Supervisor post Under the Power Department, ° Government of Sikkim, presently posted at Melli, South Sikkim. . Mr. Harka Bdr. Chhetri, S/o Shri Hem Badr. Chhetri Working on Muster Roll in Jr. Line Assistant post Under the Power Department, Government of Sikkim, Presently posted at Melli, South Sikkim. . Mr. Garja Man Subba, S/o Shri Prasad Singh Subba . Working on Muster Roll in Jr. Line Man post . Under the Power Department, Government of Sikkim, Presently posted at Pakyong, East Sikkim. on Ms. Tshering Tamang, D/o Shri Prem Kumar Tamang, Working on Muster Roll in Office Attendant post Under the Power Department, Government of Sikkim, Presently posted at Pakyong, East Sikkim. . Mr. Kunzang Lachungpa, S/o Shri Tenzing Bhutia, Working on Muster Roll in Jr. Line Assistant post Under the Power Department, Government of Sikkim, Presently posted at Lachen, North Sikkim. Ms. Bhagwati Rai, D/o Lt. D. B. Rai Working on Muster Roll in Jr. Computer Operator post Under the Power Department, Government of Sikkim, Presently posted at Topakhani, East Sikkim. Mrs. Purna Maya Tamang, W/o Shri Norbu Tsh. Bhutia, Working on Muster Roll in Office Assistant post Under the Power Department, Government of Sikkim, Presently posted at Topakhani, East Sikkim. 8. 10. 11. Ms. Santa Maya Tamang, D/o Shri Man Singh Tamang Working on Muster Roll in Telephone Attendant post Under the Power Department, Government of Sikkim, Presently posted at Topakhani, East Sikkim. Ms. Milan Tamang, D/o Shri Bhagi Shansher Pakhrin, Working on Muster Roll in Office Attendant post Under the Power Department, Government of Sikkim, Presently posted at Topakhani, East Sikkim. Smt. Chuna Pradhan, D/o Shri M.B Pradhan, Working on Muster Roll in L.D.C post Under the Power Department, Government of Sikkim, Presently posted at Gangtok Head Office, East Sikkim. Ms. Parvati Chettri, D/o Shri Tek Bdr. Chettri, Working on Muster Roll in Computer Operator post Under the Power Department, Government of Sikkim, Presently posted at Gangtok Head Office, East Sikkim. 12. 13. 14. 15. Mr. Birkha Bdr. Chettri, S/o Shri Katak Bahadur Chhetri Working on Muster Roll in Line Assistant post Under the Power Department, Government of Sikkim, Presently posted at L.L.H.P, Ranipool, East Sikkim. Mr. Devicharan Bhattarai, S/o Shri Bishnu Prasad Bhattarai Working on Muster Roll in Line Assistant post Under the Power Department, Government of Sikkim, Presently posted at L.L.H.P, Ranipool, East Sikkim. Mr. Bala Ram Sharma, S/o Shri Loknath Sharma, Working on Muster Roll in Office Attendant post Under the Power Department, Government of Sikkim, Presently posted at L.L.H.P, Ranipool, East Sikkim. Mr. Mani Kumar Subba, S/o Shri Bhudi Lall Subba, Working on Muster Roll in Jr. Electrician post Under the Power Department, Government of Sikkim, Presently posted at L.L.H.P, Ranipool, East Sikkim. 16. 17. 18. 19. Mr. Khem Nath Sharma, S/o Shri Dharma Nanda Sharma, Working on Muster Roll in Jr. Electrician post Under the Power Department, Government of Sikkim, Presently posted at Ravangla, South Sikkim. Mr. Meghnath Rai, S/o Shri Tula Ram Rai, Working on Muster Roll in Jr. Line Man post Under the Power Department, Government of Sikkim, Presently posted at Ravangla, South Sikkim. Mr. Shyam Badr. Thatal, $/o Shri Dil Bahadur Thatal Working on Muster Roll in Jr. Electrician post Under the Power Department, Government of Sikkim, Presently posted at Ravangla, South Sikkim. Mr. Jai Bdr. Subba, S/o Shri Dil Bahadur Limboo, Working on Muster Roll in Jr. Electrician post Under the Power Department, Government of Sikkim, Presently posted at Ravangla, South Sikkim. 20. 2l. 22. 23. Mr. Dhan Bdr. Panth, S/o Shri Ai Bahadur Panth, Working on Muster Roll in Jr. Electrician post Under the Power Department, Government of Sikkim, Presently posted at Ravangla, South Sikkim. Mr. Ran Bdr. Subba, S/o Shri Pharsa Bdr. Subba, © Working on Muster Roll in Meter Reader post Under the Power Department, Government of Sikkim, Presently posted at Ravangla, South Sikkim. Mr. Ram Bdr. Chettri, S/o Shri Meg Nath Chettri, Working on Muster Roll in Jr. Line Man post Under the Power Department, Government of Sikkim, Presently posted at Ravangla, South Sikkim. Mr. Yangchen Doma Bhutia, D/o Shri Ongchuk Bhutia, Working on Muster Roll in Office Assistant post Under the Power Department, Government of Sikkim, Presently posted at Ravangla, South Sikkim. 24. 25. 26. 27, Mr. Sancha Raj Subba, S/o Lt. Harka Bdr Subba, Working on Muster Roll in Jr. Meter Reader post Under the Power Department, Government of Sikkim, Presently posted at Ravangla, South Sikkim. Mr. Chandra Badr. Rai, S/o Shri Rup Narayan Rai, Working on Muster Roll in Jr. Line Man post Under the Power Department, Government of Sikkim, Presently posted at Ravangla, South Sikkim. Mr. Ganga Ram Pradhan, S/o Lt. K.B Pradhan, Working on Muster Roll in Jr. Meter Reader post Under the Power Department, Government of Sikkim, Presently posted at Rongli, East Sikkim. Ms. Donka Bhutia, D/o Shri Golay Bhutia, Working on Muster Roll in Jr. Demand Clerk post Under the Power Department, Government of Sikkim, Presently posted at Rongli, East Sikkim. 28. 29. 30. 31. Mr. Kul Prasad Gurung, S/o Lt. Amber Bdr. Gurung, Working on Muster Roll in Jr. Electrician post Under the Power Department, Government of Sikkim, Presently posted at Rongli, East Sikkim. Mr.Man Bdr. Subba, S/o Lt. D.B Subba, Working on Muster Roll in Jr. Line Man post Under the Power Department, Government of Sikkim, Presently posted at Rongli, East Sikkim. Mr.Nar Bir Gurung, S/o Shri Chattra Bdr. Gurung, Working on Muster Roll in Jr. Line Man post Under the Power Department, Government of Sikkim, Presently posted at Rongli, East Sikkim. Mr. Dilli Ram Sharma, S/o Lt. Nara Pati Sharma, Working on Muster Roll in Jr. Electrician post Under the Power Department; Government of Sikkim, Presently posted at Gyalshing, West Sikkim. 32. 33. 34. 35. Mr. Ganga Bdr. Limboo, S/o Shri Sing Bdr. Limboo, Working on Muster Roll in Jr. Assistant Lineman post Under the Power Department, Government of Sikkim, Presently posted at Gyalshing, West Sikkim. Mr. Hari Prasad Sharma, S/o Lt. Abi Prasad Sharma Working on Muster Roll in Jr. Electrician post Under the Power Department, Government of Sikkim, Presently posted at Gyalshing, West Sikkim. Mr. Santa Bir Limboo, S/o Shri Man Bir Subba, Working on Muster Roll in Jr. Line Man post Under the Power Department, Government of Sikkim, Presently posted at Gyalshing, West Sikkim. Mr. Damber Bdr. Limboo, 8/o Shri Dil Kancha Limboo, Working on Muster Rollin Jr. Electrician post Under the Power Department, Government of Sikkim, Presently posted at Gyalshing, West Sikkim. 36. 37. 38. 39. 40. Mr.Mani Kr. Gurung, S/o Shri Amber Bdr. Gurung, Working on Muster Roll in Jr. Electrician post Under the Power Department, Government of Sikkim, Presently posted at Gyalshing, West Sikkim. Ms. Hari Maya Mangar, D/o Shri Dal Bdr. Mangar, Working on Muster Roll in Jr. Demand Clerk post Under the Power Department, Government of Sikkim, Presently posted at Pakyong, East Sikkim. Mr. Bal Bdr. Pradhan, S/o Lt. Jai Narayan Pradhan, Working on Muster Roll in Jr. Electrician post Under the Power Department, Government of Sikkim, Presently posted at Pakyong, East Sikkim. Mr. Tulsi Chettri, S/o Shri Krishna Bdr. Chettri, Working on Muster Roll in Jr. Demand Clerk post Under the Power Department, Government of Sikkim, Presently posted at Topakhani, East Sikkim." Mrs. Shila Lepcha. W/o Shri Tseten Tashi Lepcha, Working on Muster Roll in L.D.C post Under the Power Department, Government of Sikkim, Presently posted at L.L.H.P, Ranipool, East Sikkim. 41. Mr. Locha Lachenpa, S/o Lt. Dochung Lachenpa, . Working on Work Charge in Jr. Switch Board Operator post Under the Power Department, Government of Sikkim, Presently posted at Chungthang, North Sikkim, Petitioners. -VERSUS- 1. State of Sikkim Represented through the Chief Secretary, Government of Sikkim, P. O Gangtok, East Sikkim. 2. The Secretary, Energy & Power Department Government of Sikkim, P. O Gangtok, East Sikkim. * 3. The Secretary, Department of Personnel, Administrative Reforms and Training, Government of Sikkim, P.O Gangtok, East Sikkim. Respondents.
PETITIONER ADVOCATE (S) FOR ------------------- Mr. A. Moulik, Sr. Advocate with Ms. K. D. Bhutia, Mr. Ranjit Prasad, Ms? Zamyang Choden Bhutia, Ms. Kunzang Dechen Bhutia, Ms. Kesang Ongmu Bhutia, Ms. Archana Sharma, Ms. Tshering Uden Sherpa and Mr. Pujan Kharka.
RESPONDENT ADVOCATE (S) FOR ------------------- Mr. J. B. Pradhan, Addl. Advocate General, Mr. Karma Thinlay, Sr. Govt. Advocate, Mr. S. K. Chettri and Ms. Pollin Rai Asst. Govt. Advocate.
CaS NO...cececcceereecerre ee enesnerninereeiis Serial Date Order (s) with Signature (s) No. 1 2 3
03. 01.07.2016 WP(C) No. 05 of 2016 Purna Lall Subba & Ors. Vs. State of Sikkim & Ors.
BEFORE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI, JUDGE.
Present: Mr. A. Moulik, Senior Advocate with Ms. K. D. Bhutia and Mr. Ranjit Prasad, Advocates for the Petitioners. Mr. J. B. Pradhan, Additional Advocate General. with Mrs. Pollin Rai, Assistant Government Advocate along with Ms. Sangita Pradhan, Advocate for the Respondents.
% 4 The Petitioners, stated to be working under Muster Roll/Work Charge establishment, have come up with the instant petition, seeking for a direction of regularization of their services with retrospective effect and further grant of consequential benefits, thereon. The petitioners have also sought for other incidental reliefs of fixation of the date of regularization and also seniority, accordingly. The Learned Additional Advocate General, appearing for the Respondents, would submit that the services of all the Petitioners have been regularized.
In such view of the matter, no adjudication is required at this stage, reserving liberty to the petitioners to take up the matter a fresh for their incidental reliefs, if So advised.
SGPG- t/Comp.4/High Court / 5000 Nos./1.10.2015 Case NO... cee cccerererere secsseeeunneaepretises Serial Date No. Order (s) with Signature (s) 1 2 3 to Index : ¥es, Internet : Yes/N For the reasons. above --stated, no _ further adjudication is required at this stage and as such, the petition has become infructuous and is disposed of accordingly.
JUDGE © 04.07.2016 No SGPG- 1/Comp.4/High Court / 5000 Nos./1.10.2015