IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 6010 of 2010 Date of decision: 24.11.2010 ------------------------------------------------- Jiya Lal Petitioner Versus State of H.P.& another Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, J. For the petitioner: Mr.Rupinder Singh, Advocate. For the respondents: Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. Advocate General and Mr. J.K. Verma, Deputy Advocate Genera, for the respondents. Justice Kurian Joseph,C.J.(Oral): The petition is filed with the following prayer:- “a) That the writ in the nature of mandamus may kindly be issued directing the respondents to regularize the service of the petitioner after completion of 8 years of service as has been done in the cases of above mentioned similarly situated persons and also in other department and further direct to pay the arrears of regular employee to the petitioner after completion of their 8 years of service as per the policy framed by the Government of regularization with all consequential benefits of seniority.” 2. As far as the incumbents covered by Annexure P-3 order are concerned, it is stated in Para- 4 of the reply as follows:- “That in reply to the contents of this para it is submitted that S/Sh. Narayan Singh S/O Sh. Kushi Ram, Balwnat Singh,S/O Sh.Dhani Ram and Asha Rani w/o Sh. Kishori Lal, filed O.A.’s before the then H.P. State Administrative Tribunal. The aforementioned officials were Labourer- cum-Tax-Muhrars, engaged on daily rated muster-rolls by the Panchayat Samiti, 2 Nurpur and the purpose for which these officials were engaged was forfeited due to transfer of bus stand Jassur to New place near post office Jassur. Since, the Panchayat Samiti, Nurpur, was not in a position to engage the said officials on any other works/schemes, therefore, after great consideration and keeping in view the repeated representation of the said officials, these officials were appointed as peons on Secondment basis in Development Block, Fatehpur and Nurpur respectively.” 3. It is the submission of the petitioner that he is even better placed than the incumbents referred to in the reply. The petitioner may approach the Government by way of appropriate representation, in which case the matter will be duly considered by the first respondent and appropriate action in accordance with law without discriminating the petitioner will be taken within another four months. In case, a request is made for personal hearing, the same shall be afforded to the petitioner. 4. With these observations, the writ petition stands disposed of, so also the pending application(s) if any. Copy Dasti. (Justice Kurian Joseph) Chief Justice November 24, 2010 ( Justice V.K. Ahuja ), (SDS/BSS) Judge 3