Disposed

Bhupender Singh v. State of Hp and Others

Himachal Pradesh HC3 Aug 2022CWP/2599/2021

Case brief

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What is this about?

The High Court of Himachal Pradesh disposed of a writ petition filed by water guards alleging eligibility for welfare benefits. The court directed the Engineer-in-Chief to consider their case under the 2019 welfare policy within eight weeks and extend benefits from a prior judgment if they are similarly placed.

What did the court decide?

Dated order directing respondent No.2 to consider petitioners case and extend benefits of earlier judgment within eight weeks.

Bhupender Singh Vs State of Hp and… — Pension and Retirement Benefits | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 3^RD DAY OF AUGUST, 2022

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BEFORE

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HON’BLE MS. JUSTICE SABINA

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HON’BLE MR. JUSTICE SATYEN VAIDYA

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CIVIL WRIT PETITION No.2599 of 2021

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Between:-

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1. SH. BHUPENDER SINGH SON OF SH. KARTAR SINGH, RESIDENT OF VILLAGE DUNIA, P.O. KALOL, TEHSIL KALOL DISTT. BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION JHANDUTTA, DISTT. BILASPUR, H.P.

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2. SH. SUBHASH KUMAR SON OF SH. SUKH RAM, RESIDENT OF VILLAGE DALI, P.O. KANDROUR, TEHSIL AND DISTT. BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION BILASPUR, SUB DIVISION KANDROUR, DISTT. BILASPUR, H.P.

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3. SH. NIKA RAM SON OF SH. KRISHNU RAM, RESIDENT OF VILLAGE TIHAR, P.O. MALYABAL, TEHSIL GHUMARWIN, DISTT. BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION BILASPUR, SUB DIVISION KANDROUR, DISTT. BILASPUR, H.P.

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4. SH. OM PRAKASH SON OF SH. RAM DITTA, RESIDENT OF VILLAGE MARYANI, P.O. DADHOL, TEHSIL GHUMARWIN, DISTT. BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION GHUMARWIN, DISTT. BILASPUR, H.P.

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5. SH. PYARE LI SON OF SH. DITTU RAM, RESIDENT OF VILLAGE AND P.O. DHOL CHAKNAL, TEHSIL KALOL, DISTT. BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION JHANDUTTA, DISTT. BILASPUR, H.P.

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6. SMT. SUMATI DEVI WIFE OF SH. KARMA, RESIDENT OF VILLAGE JORI, P.O. AND TEHSIL KALOL, DISTT. BILASPUR, PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION JHANDUTTA, DISTT. BILASPUR, H.P.

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7. SMT. KAMLA DEVI WIFE OF SH. SUBHASH CHAND, RESIDENT OF DO VILLAGE AND P.O. BARIKALAN, TEHSIL AND DISTT. KANGRA, PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION DEHRA, DISTT. KANGRA, H.P.

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8. SH. GULZR SINGH SON OF SH. GAMBHO RAM, RESIDENT OF VILLAGE AND P.O. SHREE NAINA DEVI JI, TEHSIL SHRI NAINA DEVI JI, DISTT. BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION SWARGHAT, DISTT. BILASPUR, H.P.

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9. SH. SHYAM LAL SON OF SH. DEVI RAM, RESIDENT OF VILLAGE MANDYALI, P.O. SHREE

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NAINA DEVI JI, TEHSIL SHRI NAINA DEVI JI, DISTT. BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION SWARGHAT, DISTT. BILASPUR, H.P.

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10. SH. SHIV KUMAR SON OF SH. SHENU RAM, RESIDENT OF VILLAGE AND P.O. SHREE NAINA DEVI JI, TEHSIL SHRI NAINA DEVI JI, DISTT. BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION SWARGHAT, DISTT. BILASPUR, H.P.

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11. SH. BALBIR SINGH SON OF SH. MANSA RAM, RESIDENT OF VILLAGE BAG, P.O. SHREE NAINA DEVI JI, TEHSIL SHRI NAINA DEVI JI, DISTT. BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION SWARGHAT, DISTT. BILASPUR, H.P.

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12. SH. RAGHUBIR SINGH SON OF SH.BELI RAM, RESIDENT OF VILLAGE MEHLA, P.O. SHREE NAINA DEVI JI, TEHSIL SHRI NAINA DEVI JI, DISTT. BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION SWARGHAT, DISTT. BILASPUR, H.P.

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13. SH. SAT PAL SON OF SH. DEVI DASS, RESIDENT OF VILLAGE KATEHAR, P.O. SWAHAN, TEHSIL SHRI NAINA DEVI JI, DISTT. BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION SWARGHAT, DISTT. BILASPUR, H.P.

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14. SH. GIRDHARI LAL SON OF SH. HIRDU RAM, RESIDENT OF VILLAGE LOKHAR, P.O. THANA, TEHSIL SWARGHAT, DISTT.

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BILASPUR, H.P. PRESENTLY SERVING AS A WATER GUARD BILASPUR, UNDER I&PH DIVISION SWARGHAT, DISTT. BILASPUR, H.P. 15. SH. OM PRAKASH SON OF SH. SOHANU RAM, RESIDENT OF VILLAGE NANOH, P.O. PINGLA, TEHSIL SARKAGHT, DISTT. MANDI, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION SARKAGHAT, DISTT. MANDI, H.P. 16. SH. KESAR SINGH SON OF SH. NETAR SINGH, RESIDENT OF VILLAGE SALYANI, P.O. BADARWAR, TEHSIL SARKAGHAT, DISTT. MANDI, H.P. PRESENTLY SERVING AS A WATER GUARD UNDER I&PH DIVISION SARKAGHAT, DISTT. MANDI, H.P.

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... PETITIONERS .

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(BY MS. BABITA CHAUHAN, ADVOCATE ON BEHALF OF MR. A.K. GUPTA, ADVOCATE)

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AND

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1. STATE OF H.P. THROUGH THE PRINCIPAL SECRETARY (I&PH) WITH HEADQUARTERS AT SHIMLA, H.P.

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2. THE ENGINEER-IN-CHIEF, I&PH WITH HEADQUARTERS AT JAL SHAKTI BHAWAN, TUTIKANDI, SHIMLA, H.P.

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3. THE EXECUTIVE ENGINEER, 1&PH DIVISION BILASPUR, DISTT. BILASPUR, H.P.

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4. THE EXECUTIVE ENGINEER, I&PH DIVISION JHANDUTTA, DISTT BILASPUR, H.P.

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5. THE EXECUTIVE ENGINEER, 1&PH DIVISION BILASPUR, DISTT.

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GHUMARWIN, DISTT. BILASPUR, H.P.

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6. THE EXECUTIVE ENGINEER, I&PH DIVISION DEHRA, DISTT. KANGRA, H.P.

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7. THE EXECUTIVE ENGINEER, I&PH DIVISION SWARGHAT, DISTT. BILASPUR, H.P.

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8. THE EXECUTIVE ENGINEER, I&PH DIVISION SARKAGHAT, DISTT. MANDI, H.P.

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….RESPONDENTS

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(MR. P.K. BHATTI, ADDITIONAL ADVOCATE GENERAL)

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This petition coming on for admission this day, Hon’ble

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Ms. Justice Sabina , passed the following:

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O R D E R

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The petitioners were engaged as Water Guard on part time basis in the year 2007. Learned counsel for the petitioners states that the case of the petitioners is covered by the Policy of welfare of Water Guard of the year 2019. He further states that the issue raised in the petition is squarely covered by the judgment dated 23.06.2021 of learned Single Judge of this Court in CWP No. 3047 of2020 , titled as Jagdish Kumar and others Versus State of Himachal Pradesh and others . He has pointed out that the said judgment was challenged in LPA, which was dismissed. The matter was carried to the Hon’ble Supreme Court, which has also dismissed the SLP.

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In view of the above, we dispose of the instant petition by directing respondent No.2 to consider the case of the petitioners and take a decision within a period of eight weeks and in the event, the

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petitioners are similarly placed, the benefit of the judgment and order dated 23.06.2021 of the learned Single Judge in CWP No. 3047 of 2020 be extended to the petitioners.

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The petition is disposed of in the aforesaid terms, so also

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pending miscellaneous applications, if any.

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(Sabina) Judge

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August 03, 2022 ( Himalvi )

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(Satyen Vaidya) Judge

Bhupender Singh v. State of Hp and Others

Case brief

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Bhupender Singh v. State of Hp and Others

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