Himachal Pradesh Housing and Urban Development Authority v. Anita Thakur and Another

Himachal Pradesh HC3 Apr 2024LPA/20/2024

Case brief

AI extract

What is this about?

LPA dismissed; H.P. Housing and Urban Development Authority (HIMUDA); regularization of Daily Wage Beldar on muster-roll basis made to work as Clerks; parity with similarly situated employees; reliance on earlier orders in Salochana Verma, Santosh Chauhan and Rajesh Kumar cases; State Government rejection of regularization proposal; learned Single Judge orders upheld; no interference by Division Bench.

What did the court decide?

None to the appellant; all four LPAs dismissed alongwith pending miscellaneous application(s), leaving the learned Single Judge's orders undisturbed. ¶19-20

Himachal Pradesh Housing and Urban Development Authority Vs Anita Thakur and Another — Himachal Pradesh HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ------------------------------------	HIMACHAL PRADESH, SHIMLA LPA No.231 of 2023 alongwith connected matters Decided on: 3^rdApril, 2024 -------------------------------------------------
1. LPA No.231 of 2023
H.P. Housing and Urban Deve	lopment Authority…..Appellant Versus
Nisha Sharma and another ------------------------------------	.....Respondents -------------------------------------------------
2. LPA No.18 of 2024
H.P. Housing and Urban Deve	lopment Authority…..Appellant
	Versus
Kanta Bhardwaj and another ------------------------------------	.....Respondents -------------------------------------------------
3. LPA No.19 of 2024
H.P. Housing and Urban Deve	lopment Authority…..Appellant
	Versus
Prabha Kalthaik and another ------------------------------------	.....Respondents -------------------------------------------------
4. LPA No.20 of 2024
H.P. Housing and Urban Deve	lopment Authority…..Appellant
	Versus
Anita Thakur and another	.....Respondents
------------------------------------ Coram	-------------------------------------------------
The Hon’ble Mr. Justice M.	S. Ramachandra Rao, Chief Justice.
The Hon’ble Ms. Justice Jyo Whether approved for repor	tsna Rewal Dua, Judge. ting?¹

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1 Whether reporters of print and electronic media may be allowed to see the order?

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For the Appellant : Mr. C.N. Singh and Mr. Anshul Gandhi, Advocates, in all the appeals. For the Respondents : Mr. Sunil Mohan Goel, Advocate, for respondent no.1 in all the appeals. Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta, Mr. Pranay Pratap Singh & Mr. Sushant Keprate, Additional Advocates General and Mr. Arsh Rattan, Mr. Sidharth Jalta & Ms. Priyanka Chauhan, Deputy Advocates General, for respondent no.2 in all the appeals.

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------------------------------------------------------------------------------------

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M.S. Ramachandra Rao, Chief Justice (Oral)

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Since a common issue arises for consideration in all

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these appeals, these appeals have been decided by this common order.

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2. In all these appeals, respondent no.1 had been engaged though as Daily Wage Beldar on muster-roll basis, the appellant had extracted the work from them as Clerks from the very initial date of their joining.

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3. The appellant itself had initiated a proposal to the State

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Government, seeking permission to regularize respective respondent nos.1 against the posts of Clerks, but the State Government appears to have rejected it.

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4. However, in cases of similarly situated persons, several orders appear to have been passed by this Court, granting relief of regularization in the post in which they were working, i.e.

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Salochana Verma vs. Himuda Housing and Urban Development

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Authority , Santosh Chauhan vs. Himachal Pradesh Housing and Urban Development Authority and others , and Rajesh Kumar & others vs. Himachal Pradesh Urban Development Authority &

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others , and this Court had granted relief after taking into account the fact that the petitioners therein had been made to work against the post of Clerks and they should be, therefore, considered for regularization against the post of Clerks.

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5. In view of the fact that the relief has been extended to

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other persons similarly situated like respondent nos.1 by this Court in the cases referred to supra, we are not inclined to interfere with the orders passed by the learned Single Judge.

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6. Accordingly, these appeals are dismissed alongwith

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pending miscellaneous application(s), if any.

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(M.S. Ramachandra Rao) Chief Justice

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April 03, 2024 Mukesh

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(Jyotsna Rewal Dua) Judge

Himachal Pradesh Housing and Urban Development Authority v. Anita Thakur and Another

Case brief

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Himachal Pradesh Housing and Urban Development Authority v. Anita Thakur and Another

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