Dismissed

Mohan Singh v. State of Hp

Himachal Pradesh HC11 Jul 2024CWPOA/4724/2020

Case brief

AI extract

What is this about?

In a constitutional petition concerning regularization of services, the High Court of Himachal Pradesh held that the petitioner's claim for regularization became infructuous after the respondent-State issued an office order on 16.3.2017 acknowledging and regularizing his services with retrospective effect.

What did the court decide?

Petition disposed of as infructuous in view of the office order dated 16.3.2017 regularizing petitioner's services.

Mohan Singh Vs State of Hp — Pension and Retirement Benefits | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWPOA No. 4724 of 2020 Decided on : 11.7.2024

Mohan Singh

...Petitioner

Versus

State of H.P.

…....Respondents

Coram

The Hon’ble Mr. Justice Virender Singh, Judge.

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Whether approved for reporting?¹

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For the petitioner : Ms. Babita, Advocate vice Mr. A.K. Gupta, Advocate. For the respondents: Mr. Mohinder Zharaick, Addl. A.G., for the respondents-State.

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Virender Singh, Judge (oral)

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Petitioner- Mohan Singh has invoked the

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jurisdiction of the erstwhile Himachal Pradesh State

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Administrative Tribunal (hereinafter referred to as the

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

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‘Tribunal’), by way of Original Application No. 3668 of 2018, preferred, under Section 19 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the ‘Act’), seeking the following reliefs:-

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“i. That the respondents may be ordered to regularise the services of the applicant from the date he completed 8 years with all benefits incidents thereof.”

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After the abolition of the learned Tribunal,

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the said Original Application was transferred to this Court and thereafter, registered as CWPOA No. 4724 of 2020.

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At this stage, learned Additional Advocate General, appearing for the respondent-State has pointed out that vide office order dated 16.3.2017, services of the petitioner, have been regularized. Operative portion of the office order is reproduced as under:

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“In pursuance to the approval conveyed by the Engineer-in-Chief HPPWD Shimla vide his office letter No. PWE-133-11/ES--III-2017-133-1357Chief 30.01.2017 and eligibility certificate issued by Engineer-in-Chief HPPWD office letter No.19609-12 dated 28.02.2017, and on the basis of screening

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report conducted in this office on 22.12.2016 and further in circle office Rohru on dated 20.02.2017,, Shri Mohan S/O Shri Beer Singh presently working as Chowkidar on daily wages basis for the last more than 7 years in this division is hereby regularized as Chowkidar w.e.f. 01.10.2016 in the pay scale of Rs. 4900-10680+1300 Class-IV non gazetted on the following terms and conditions with- Prospective effect :-

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He will draw Rs.4900+1300 Grade pay / P.M. in the above scale plus usual allowances initially as sanctioned by Govt. from time to time.

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No T.A./D.A. will be admissible for joining the above post.

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He will be on probation period for the first two years after her joining.

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He is liable to serve in any part of H.P. wherever the PWD Department has its organizations.

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He should produce medical certificate of fitness signed by the Medical Officer of Govt. Hospital indicating specially that he is not suffering from any communicable disease.

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His services will be covered under the civil services regulations applicable for Class-IV non gazetted.

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He has to take an oath/secrecy as provided in the service rules before his controlling officer.

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He will be covered under Himachal Pradesh Civil Services contributory Pension Rules, 2006.

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His services will cover under F.R. & S.R. and Civil Services Conduct Rules, 1964.

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If the above terms and conditions are acceptable to Sh. Mohan S/O Shri Beer Singh he may report for his duties to the Assistant Engineer, Chopal Sub-Division HPPWD., Chopal immediately.”

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In view of the aforesaid office order, the present petition is rendered infructuous and the same is disposed of as such.

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

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(Virender Singh) Judge

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July 11, 2024

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Kalpana

Mohan Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

Mohan Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

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