A writ petition seeking regularization of the petitioner as a Beldar. The court examined the service record showing insufficient completion of 180 days per year. The claim for arbitrary order and regularization was dismissed.
Petitioner's claim for regularization and challenge to the impugned order was dismissed.
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, SHIMLA
CWPOA No. 6174 of 2020 Decided on: 02.05.2024
______________________________________________________________ Amli ....Petitioner Versus State of H.P. & Ors. .…Respondents _ Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge.
_______________________________________________________________ Whether approved for reporting?1 For the petitioner : Mr. Prashant Sharma, Advocate. For the respondents : Mr. Anup Rattan, Advocate General Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocates General and Mr. Raj Negi, Deputy Advocate General.
Tarlok Singh Chauhan, Judge (oral)
The instant petition has been filed for grant of the following substantive reliefs:-
“(a) That the order No. 36/2018-19 Endst. No./2261-65 dated 09.08.2018 passed by the respondent No. 3 the Divisional Forest Officer, Forest Division Bharmour, Tehsil Bharmour District Chamba H.P. may kindly held arbitrary, unreasonable, illegal, discriminatory and violative of Articles 14, 16 & 39(d) of the Constitution of India forthwith.
(b) That the applicant be ordered to be work charged/regularized as Beldar from the date of
1Whether reporters of Local Papers may be allowed to see the judgment?
2
his completion of 8 years of continuous service with arrears of pay allowances and consequential benefits by counting the fictional break given to the applicant in order to deprive him to complete 180 days in a calender year in the tribal area of Bharmour District Chamba, H.P. for the purpose of computation of seniority and service including the services rendered against works.”
3
Pending application(s), if any, stands disposed
of
( Tarlok Singh Chauhan ) Judge
( Sushil Kukreja )
2 issues framed by the court
Whether the order rejecting regularization of service is arbitrary and violative of Articles 14, 16, and 39(d)
Whether the petitioner's services can be regularized as Beldar with retrospective effect by ignoring the service break
Amli
State of H.P.
Tarlok Singh Chauhan
Sushil Kukreja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
