Disposed

Mahender Singh v. State

Himachal Pradesh HC12 Oct 2017EX.P./89/2017

Case brief

AI extract

What is this about?

The High Court disposed of an execution petition regarding the regularization of the petitioner's post. The court directed the State to fully implement previous regularization directions within two months and reserved liberty to revive the petition if necessary.

What did the court decide?

Directed the State to fully implement previous regularization orders within two months with liberty to revive the petition subsequently.

Mahender Singh Vs State — Pension and Retirement Benefits | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Ex. Pet. No.89 of 2017 Date of decision: 12.10.2017

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Mahender Singh ..Petitioner

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Versus

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State of H.P. & others . Respondents

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Coram:

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The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice The Hon’ble Mr. Justice Sandeep Sharma, Judge

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Whether approved for reporting?

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For the petitioner: Mr.Raju Ram Rahi, Advocate.

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For the respondents: Mr.Shrawan Dogra, Advocate General, with Mr.Anup Rattan, Additional Advocate General and Mr.J.K. Verma, Deputy Advocate General.

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Sanjay Karol, Acting Chief Justice (oral)

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From the response/affidavit dated 10^th October,

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2017, filed by the Chief Conservator of Forests (HRD), H.P., it is quite evident that the State has now taken steps for implementing directions dated 20^th November, 2012, issued by this Court in CWP No.9879 of 2012, titled as Mahender Singh vs. State of H.P. & others. Operative portion of the affidavit reads as under:

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“6(i) That in reply to point No.(a); the judgment dated 20.11.2012 has attained finality and the order of the Hon’ble Court has been complied by regularizing the applicant

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against a vacant post on 4.12.2013. But in view of the present Execution Petition the case of the applicant was re-looked as fresh; and it was found that a daily wager junior to him was regularized w.e.f. 11.09.2012 and the applicant also deserve to be regularized from the dame date keeping in view his seniority and vacancy. He could not be regularized exactly after a period of 8 years as there were more than 100 daily wagers senior to him and waiting for their regularization. Now the case of the applicant has been sent to Government for creating a supernumerary post, so that he could be regularized from back date when his junior was regularized (Enclosed as per annexure V).

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(ii) That in reply to point No.(b), the orders have been partially implemented, but the case is under process to regularize him from the date when junior of the petitioner was regularized.”

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Since the matter is under process, we are hopeful it shall be expeditiously taken to its logical end.

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As such, we dispose of the present petition with direction to the respondent-State to fully implement the directions issued by this Court in CWP No.9879 of 2012 (supra) in letter and spirit, preferably within a period of two months from the date of production of certified copy

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of the order. Liberty is reserved to the petitioner to revive

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the petition, if need so arises, subsequently.

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Pending application(s), if any, also stand(s)

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disposed of.

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( Sanjay Karol ) Acting Chief Justice

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October 12, 2017 ( Sandeep Sharma ) (vt) Judge

Mahender Singh v. State

Case brief

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Mahender Singh v. State

Case brief

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