Himachal Pradesh High Court
Anjana Kanwar D/O Sh. Ranjeet Singh ... vs State Of H.P And Others With All ... on 31 May, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 31st DAY OF MAY, 2022
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
.
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE
CIVIL WRIT PETITION NO.3243 OF 2022
Between:-
1. ANJANA KANWAR D/O SH. RANJEET SINGH KANWAR,
AGED ABOUT 49 YEAR, R/O VILLAGE JHANDI, P.O.
KUNIHAR, TEHSIL ARKI, DISTRICT SOLAN, PRESENTLY
WORKING AS STAFF NURSE AT DDU ZONAL HOSPITAL,
SHIMLA.
2. PREETI GAUTAM W/O MAYANK GAUTAM, AGED ABOUT 47
YEARS R/O NEAR LAXMI NARYAN MANDIR, CONGRESS
BHAWAN, UPPER STREET NAHAN, DISTRICT SIRMOUR,
PRESENTLY WORKING AS STAFF NURSE, TB SANITORIUM
DHARAMPUR, SOLAN.
3. SUNITA DEVI W/O LATE SH. RAJENDER KUAMR SHARMA,
AGED ABOUT 49 YEAR, R/O HOUSE NO.134/27, WARD
NO.6, HEERAPUR ROAD, PAONTA SAHIB, DISTRICT
SIRMOUR, PRESENTLY WORKING AS WARD SISTER, CH
PAONTA SAHIB.
4. KAUSHLYA DEVI W/O SH. VIRENDERN SINGH, AGED
ABOUT 50 YEARS, R/O VPO KOLAR, TEHSIL PAONTA
SAHIB, PRESENTLY WORKING AS STAFF NURSE, CH
PAONTA SAHIB.
5. KIRAN KUMARI W/O SUNEEL PAL, AGED ABOUT 46
YEARS, R/O VILLAGE LAKA, P.O. & TEHSIL SARKAGHAT,
DISTRICT MANDI, PRESENTLY WORKING AS STAFF NURSE,
CH PAONTA SAHIB.
6. KIRAN BALA D/O SH. N.K. KAUSHAL, AGED ABOUT 51
YEARS, C/O KAUSHAL KUTIR, JAMNA BHAWAN, LOWER
CHAKKAR, SHIMLA-5, PRESENTLY WORKING AS STAFF
NURSE, HIMACHAL HOSPITAL OF MENTAL HEALTH AND
REHABILITATION SHIMLA.
7. POONAM KASHYAP W/O SH. ASHOK KUMAR AGED ABOUT
48 YEARS, R/O VILLAGE & P.O. KOTGARH, TEHSIL
KUMARSAIN, DISTRICT SHIMLA, PRESENTLY WORKING AS
WARD SISTER DDU ZONAL HOSPITAL, SHIMLA.
8. MEENAKSHI PANTA D/O SH. ROSHAL LAL PANTA, AGED
ABOUT 44 YEARS, R/O PANTA NIWAS, LOWER KHALINI,
BHAGWATI NAGAR, JHANJHIRI, SHIMLA, PRESENTLY
::: Downloaded on - 01/06/2022 20:05:04 :::CIS
2
WORKING AS STAFF NURSE, DDU ZONAL HOSPITAL,
SHIMLA.
9. SUNITA DEVI D/O LATE SH. KANSI RAM, AGED ABOUT 46
YEARS, R/O VILLAGE JANGHAN, P.O. DEVTHI, TEHSIL
.
THEOG, DISTRICT SHIMLA, PRESENTLY WORKING AS
STAFF NURSE, IGMC, SHIMLA.
10. ANITA BRAGTA W/O SH. DHEERAJ BRAGTA, AGED ABOUT
45 YEARS, R/O VILLAGE TEHTALI, P.O. BAGHER, TEHSIL
KOTKHAI, DISTRICT SHIMLA, PRESENTLY WORKING AS
STAFF NURSE, CHC, KOTKHAI, SHIMLA.
11. ASHA W/O SH. NEEM DASS, AGED ABOUT 43 YEARS, R/O
VILLAGE SHAKROT, P.O. CHABA, TEHSIL SUNNI, DISTRICT
SHIMLA, PRESENTLY WORKING AS STAFF NURSE, CHC
SUNNI, SHIMLA.
12. ASHA DEVI W/O SH. RAJESH KUMAR AGED ABOUT 45
YEARS, R/O VILLAGE SHALLU, P.O. & TEHSIL SUNNI,
DISTRICT SHIMLA, PRESENTLY WORKING AS STAFF
NURSE, CHC SUNNI, SHIMLA.
13. SUBHADRA, D/O SH. MOHAN DASS, AGED ABOUT 46
YEARS, R/O VILLAGE JUBBAR, P.O. MAJHAR, TEHSIL
THEOG, DISTRICT SHIMLA, PRESENTLY WORKING AS
STAFF NURSE, CHC SUNNI, SHIMLA.
14. LEELA W/O SH. NEELKAMAL AGED ABOUT 48 YEARS, R/O
VILLAGE & P.O. OGLI, TEHSIL SUNNI, DISTRICT SHIMLA,
PRESENTLY WORKING AS STAFF NURSE, MGMSC
KHANERI, RAMPUR.
15. SAVITRI W/O SH. SURESH AGED ABOUT 49 YEARS, R/O
VILLAGE THARLA, P.O. JAOON, TEHSIL NIRMAND,
DISTRICT KULLU, PRESENTLY WORKING AS STAFF NURSE,
MGMSC, KHANERI, RAMPUR.
16. ALPNA SOOD, W/O SH. CHANDAN SOOD, AGED ABOUT 45
YEARS, R/O SECTOR 35-D, HOUSE NO.3574, 1ST FLOOR,
CHANDIGARH, PRESENTLY WORKING AS STAFF NURSE
AND POSTED AT ESI HOSPITAL PARWANOO ON
DEPUTATION.
17. SEEMA W/O SH.BALBIR SINGH, AGED ABOUT 49 YEARS,
R/O VILLAGE KHANOUR, P.O. SEOH, TEHSIL DHARAMPUR,
DISTRICT MANDI, PRESENTLY WORKING AS WARD
SISTER, CIVIL HOSPITAL DHARAMPUR, DISTRICT MANDI.
18. CHANCHAL KUMARI W/O SH. ROSHAN LAL AGED ABOUT
48 YEARS, R/O VILLAGE JATTIMAJRA, P.O. LODHIMAJRA,
TEHSIL BADDI, DISTRICT SOLAN, PRESENTLY WORKING
AS STAFF NURSE, CHC NALAGARH.
::: Downloaded on - 01/06/2022 20:05:04 :::CIS
3
19. SULOCHNA W/O SH. DURESH KUMAR AGED ABOUT 44
YEARS, R/O ROSHAN DEV KANYA PRINTING PRESS, OLD
BUS STAND, RAJGARH, DISTRICT SIRMOUR, PRESENTLY
WORKING AS WARD SISTER, CHC CHAIL, SOLAN.
.
20. BOBY W/O SH. SEWA SINGH, AGED ABOUT 46 YEARS, R/O
VILLAGE JAGATPUR, P.O. JOGHON, TEHSIL NALAGARH,
DISTRICT SOLAN, PRESENTLY WORKING AS STAFF NURSE,
CHC NALAGARH.
21. CHINTA W/O SH. RAKESH JAGIHTA, AGED ABOUT 48 YEAR,
R/O VILLAGE THANA, P.O. TIKKAR, TEHSIL ROHRU,
DISTRICT SHIMLA, PRESENTLY WORKING AS STAFF
NURSE, CH ROHRU.
22. KAMLESH SHARMA W/O SH. INDER DUTT SHARMA AGED
ABOUT 45 YEARS, VILLAGE GHATTI, P.O. CHARNA TEHSIL
NORADHAR, DISTRICT SIRMOUR, WORKING AS STAFF
NURSE, CIVIL HOSPITAL RAJGARH, SIRMOUR.
...PETITIONERS
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH MR.
MANISH SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
PRINCIPAL SECRETARY (HEALTH) TO THE GOVT. OF
HIMACHAL PRADESH, SHIMLA.
2. DIRECTOR OF HEALTH SERVICES, GOVT. OF
HIMACHAL PRADESH, SHIMLA.
...RESPONDENTS
(BY MR. AJAY VAIDYA, SR. ADDL. AG.)
1
WHETHER APPROVED FOR REPORTING? No.
This petition coming on for orders this day, Hon'ble Mr. Justice
Tarlok Singh Chauhan, passed the following :
ORDER
Notice. Mr. Ajay Vaidya, learned Sr. Additional Advocate General, waives service of notice on behalf of the respondents-State.
2. The instant petition has been filed for the grant of following substantive relief:
1
Whether reporters of Local Papers may be allowed to see the judgment ? Yes.::: Downloaded on - 01/06/2022 20:05:04 :::CIS 4
That the respondent department may be directed to treat the petitioners as regularly appointed staff nurses/regularize them as Staff Nurses from the date they were initially appointed on said post on contract basis in the year 2003, by .
extending the benefit of judgment dated 11.1.2018 in TA No.4478 of 2015 Parvati Sharma and others vs. State of H.P and others with all consequential benefits.
3. Learned counsel for the petitioners states that the issue in question is squarely covered by the judgment rendered by the erstwhile Tribunal in T.A No.4478 of 2015 (CWP No.3748 of 2010). This is a matter which is required to be considered by the respondents.
4. Therefore, without going into the merits of the case, we deem it proper to dispose of the instant petition by directing the respondents to consider and decide the case of the petitioners in light of the judgment referred to above within a period of eight weeks from today and in case the claim of the petitioners are found to be covered by the said judgment, then same and similar benefits, alongwith consequential benefits, if any, shall be extended to the petitioners also. Ordered accordingly. Pending application(s), if any, also stands disposed of.
For compliance, list on 15th July, 2022.
( Tarlok Singh Chauhan) Judge ( Chander Bhusan Barowalia ) Judge 31st May, 2022 (CS) ::: Downloaded on - 01/06/2022 20:05:04 :::CIS