Disposed

Krishna Devi v. State of Hp

Himachal Pradesh HC7 Dec 2023CWPOA/6253/2020

Case brief

AI extract

What is this about?

The Court disposed of the Constitutional Writ Petition seeking work charge status and regularization for the petitioner. Directed the respondent State to consider the case in light of an earlier Division Bench judgment and decide it within four weeks after providing an opportunity of hearing.

What did the court decide?

Directed respondents to consider and decide the petitioner's case within four weeks in light of the earlier Division Bench judgment.

Krishna Devi Vs State of Hp — Service and Employment | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWPOA No. 6253 of 2020

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Date of Decision : December 07, 2023

Krishna Devi

...Petitioner.

Versus

State of Himachal Pradesh & Ors.

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...Respondents.

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Coram:

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The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

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The Hon’ble Mr. Justice Sandeep Sharma, Judge.

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Whether approved for reporting?¹

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For the petitioner : Mr. Rajeev Sharma, Advocate.

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For the respondent : Mr. Anup Rattan, Advocate General with Mr. Manoj Chauhan, Additional Advocate General.

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Sandeep Sharma, Judge (Oral)

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In the instant petition, petitioner has prayed for the following main relief:

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“(i) That the respondents Department may kindly be directed to give the work charge status/regularization to the applicant with all consequential benefits as Class-IV employee from her due date as per the judgment passed in CWP No. 8127 of 2013 dated 13-05-2014.”

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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Before the case in hand is heard on its merits, learned Counsel representing the petitioner while inviting attention of this Court to judgment passed by the Division Bench of this Court in CWP No. 8127 of 2013, titled as Sarvo Devi & others vs. State of H.P. & others, contends that the issue raised in the present petition stands adjudicated in the aforesaid case and, as such, petitioner would be content and satisfied in case directions are issued to the respondents to consider and decide the case of the petitioner in light of the aforesaid judgment rendered by the Division Bench of this Court.

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Mr. Manoj Chauhan, learned Additional Advocate General is not averse to the innocuous prayer made on behalf of the petitioner.

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Having perused the relief prayed for in the petition visa-vis judgment, sought to be relied upon, this Court finds that the issue raised in the present petition has been adjudicated in the aforesaid judgment, as such, no prejudice, if any, shall be caused to the parties, if case of the petitioner is decided in terms of the aforesaid judgment passed in Sarvo Devi’s case (supra), which has otherwise attained finality. Consequently, the petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner in light of the aforesaid judgment rendered by the Division Bench of this Court

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in Sarvo Devi’s case (Supra) expeditiously preferably within four weeks and in case the petitioner is found to be similarly situated, she shall also be entitled to the relief as has been granted in Sarvo Devi’s case (supra). Needless to say the authorities while doing the needful shall afford opportunity of hearing to the petitioner and pass a detailed speaking order thereafter. Liberty reserved to the petitioner to file appropriate proceedings if she still feels aggrieved.

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Pending application(s), if any, also stand disposed of accordingly.

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(Vivek Singh Thakur) Judge.

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(Sandeep Sharma) Judge.

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December 07 , 2023 (PK)

Krishna Devi v. State of Hp

Case brief

What is this about?

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Krishna Devi v. State of Hp

Case brief

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