This order allows the writ petition based on a prior Division Bench judgment, directing respondents to grant contractual establishment benefits of Pump Attendant posts to Water Guards.
Respondents directed to extend similar benefits to petitioners as granted in Jagdish Kumar case if their cases are covered within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 14th DAY OF MARCH, 2022
BEFORE
HON’BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.1395 of 2022
Between:-
1. SHIV DEV, S/O SH. FETA, R/O VILLAGE NANDLA, P.O. NANDLA, TEHSIL JANGLA, DISTRICT SHIMLA, H.P.
2. JOGINDER, S/O SH. AMAR SAIN, R/O VILLAGE JAKHNOTI, P.O. CHILALA, TEHSIL CHIRGAON, DISTRICT SHIMLA, H.P., AGED 49 YEARS.
3. ATIB, S/O SH. ISHWAR SINGH, R/O VILLAGE MAJHWARI, P.O. ROHAL, TEHSIL CHIRGAON, DISTRICT SHIMLA, H.P., AGED 43 YEARS.
4. BIHARI LAL, S/O LATE SH. SARAN DASS, R/O VILLAGE AND POST OFFICE RANOL, SUB-TEHSIL JANGLA, DISTRICT SHIMLA, H.P., AGED 45 YEARS.
5. JAGDISH CHAND, S/O LATE SH. KRISHAN CHAND, R/O VILLAGE BACHADI, P.O. RONAL, SUB-TEHSIL JANGLA, DISTRICT SHIMLA, H.P., AGED 46 YEARS.
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Shiv Dev and others Versus State of Himachal Pradesh and others
CWP No.1395 of 2022
6. KANWAR SINGH, S/O LATE SH. DARIA RAM, R/O VILLAGE AND P.O. TELAR, TEHSIL CHOPAL, DISTRICT SHIMLA, H.P., AGED 40 YEARS.
…...PETITIONERS
(BY MR. VIJAY KUMAR, ADVOCATE) AND
1. STATE OF HIMACHAL PRADESH, THROUGH PRINCIPAL SECRETARY I&PH), TO THE GOVERNMENT OF H.P.
2. THE ENGINEER-IN-CHIEF, I&PH DEPARTMENT, SHIMLA, H.P.
3. THE SUPERINTENDING ENGINEER, I&PH CIRCLE, ROHRU, DISTRICT SHIMLA, H.P.
4. THE SUPERINTENDING ENGINEER, I&PH CIRCLE, NERWA, DISTRICT SHIMLA, H.P.
5. THE EXECUTIVE ENGINEER, I&PH DIVISION, ROHRU, DISTRICT SHIMLA, H.P.
6. THE EXECUTIVE ENGINEER, I&PH DIVISION, CHOPAL, DISTRICT SHIMLA, H.P.
7. THE DISTRICT PANCHAYAT OFFICER, SHIMLA, DISTRICT SHIMLA, H.P.
…...RESPONDENTS (BY MR. ADARSH K. SHARMA, ADDITIONAL ADVOCATE GENERAL)
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Shiv Dev and others Versus State of Himachal Pradesh and others
CWP No.1395 of 2022
This petition coming on for admission this day, Hon’ble Mr. Justice Mohammad Rafiq, passed the following:
O R D E R
This writ petition has been filed by the petitioners, inter alia , with a prayer that the respondents be directed to bring their services on contractual establishment against the posts of Pump Attendant immediately on completion of twelve years’ service as Water Guard in the time scale of pay from due date alongwith all consequential benefits.
others Versus State of Himachal Pradesh & others .
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Shiv Dev and others Versus State of Himachal Pradesh and others
CWP No.1395 of 2022
extend similar benefits to the petitioners as well, if their respective cases are covered by Jagdish Kumar’s case (supra) , within a period of three months from the date of production of a copy of this judgment by the petitioners before the said authority(s).
(Mohammad Rafiq) Chief Justice
March 14, 2022
(Jyotsna Rewal Dua) Judge
( Bhardwaj)
1 issue framed by the court
Whether the petitioners are entitled to similar benefits of conversion of service from Water Guard to Pump Attendant as granted in the earlier Division Bench judgment.
Colour shows how this judgement treated each authority
State of H.P. & others Versus Jagdish Kumar & othersAffirmed¶37
LPA No.104 of 2021, titled as State of H.P. & others Versus Jagdish Kumar & others and the connected matters
Jagdish Kumar & others Versus State of Himachal PradeshAffirmed¶37
CWP No.3047 of 2020, titled Jagdish Kumar & others Versus State of Himachal Pradesh & others
Shiv Dev and others
State of Himachal Pradesh
Mohammad Rafiq
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
