IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos. 3520, 3521, 3552, 3553, 3554, 3555 and 3556 of 2010. Date of decision: 28.6.2010. 1. CWP No. 3520 of 2010. Budhi Singh ….. Petitioner Vs. State of H.P. & ors. …. Respondents. 2. CWP No. 3521 of 2010. Dhani Ram ….. Petitioner Vs. State of H.P. & ors. …. Respondents. 3. CWP No. 3552 of 2010. Thakur Dutt ….. Petitioner Vs. State of H.P. & ors. …. Respondents. 4. CWP No. 3553 of 2010. Rattan Dass ….. Petitioner Vs. State of H.P. & ors. …. Respondents. 5. CWP No. 3554 of 2010. Prem Lal ….. Petitioner Vs. State of H.P. & ors. …. Respondents. 6. CWP No. 3555 of 2010. Rattan Lal ….. Petitioner Vs. State of H.P. & ors. …. Respondents. - 2 - 7. CWP No. 3556 of 2010. Devinder Kumar ….. Petitioner Vs. State of H.P. & ors. …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner (s) : Mr. S.S.Sood, Advocate vice Mr. Neel Kamal Sood, Advocate. For the Respondents : Mr. R.K.Sharma, Senior Addl. Advocate General. Justice Kurian Joseph, C.J. (Oral) The petitioner(s) have prayed for following relief in the writ petition(s):- 1. CWP No. 3520 of 2010. (i) Directing the respondents to regularize the service of the petitioner w.e.f. 1.1.2001 instead of Sept., 2007, on the analogy of Shri Som Dass son of Shri Parma Nand working in the same Range as that of the petitioner, in view of Annexure P-5 with all consequential benefits including seniority and arrears accruing thereon on this account. (ii) Any other and further orders which this Hon’ble Court ay deem fit and proper in the facts and circumstances of the present case, may kindly be passed in the interest of justice. 2. CWP No. 3521 of 2010. (i) Directing the respondents to regularize the service of the petitioner w.e.f. 1.4.2001 instead of Sept., 2007, on the analogy of Shri Som Dass son of Shri Parma Nand working in the same Range as that of the petitioner, in view of Annexure P-5 with all consequential benefits including seniority and arrears accruing thereon on this account. (iii) Any other and further orders which this Hon’ble Court ay deem fit and proper in the facts and circumstances of the present case, may kindly be passed in the interest of justice. 3. CWP No. 3552 of 2010. (i) To quash the notification dated 28.4.2009, Annexure P-1 by issuing the writ of certiorari. (ii) To direct the respondents to continue his engagement on daily wages basis without any break on Muster Roll basis. - 3 - (iii) Muster Rolls may kindly be issued in his favour and his presence may be marked in the Muster Rolls. (iv) The petitioner may be paid his wages every month. (v) Directing the respondents to regularize the services of the petitioner and not to give any fictional breaks/ artificial breaks and also pay the wages for 10 days for the month May 2010. 4.CWP No. 3553 of 2010. (i) Directing the respondents to regularize the service of the petitioner w.e.f. 1.1.1997 instead of 1.1.2003, on the analogy of Shri Som Dass son of Shri Parma Nand working in the same Range as that of the petitioner, in view of Annexure P-5 with all consequential benefits including seniority and arrears accruing thereon on this account. (iv) Any other and further orders which this Hon’ble Court ay deem fit and proper in the facts and circumstances of the present case, may kindly be passed in the interest of justice. 5.CWP No. 3554 of 2010. (i) Directing the respondents to regularize the service of the petitioner w.e.f. 15.4.1998 instead of Sept., 2006, on the analogy of Shri Som Dass son of Shri Parma Nand working in the same Range as that of the petitioner, in view of Annexure P-5 with all consequential benefits including seniority and arrears accruing thereon on this account. (v) Any other and further orders which this Hon’ble Court ay deem fit and proper in the facts and circumstances of the present case, may kindly be passed in the interest of justice. 6.CWP No. 3555 of 2010. (i) Directing the respondents to regularize the service of the petitioner w.e.f. 1.1.1997 instead of Sept., 2006, on the analogy of Shri Som Dass son of Shri Parma Nand working in the same Range as that of the petitioner, in view of Annexure P-5 with all consequential benefits including seniority and arrears accruing thereon on this account. (vi) Any other and further orders which this Hon’ble Court ay deem fit and proper in the facts and circumstances of the present case, may kindly be passed in the interest of justice. 7.CWP No. 3556 of 2010. (i) Directing the respondents to regularize the service of the petitioner w.e.f. 1.1.1999 instead of Sept., 2006, on the analogy of Shri Som Dass son of Shri Parma Nand working in the same Range as that of the petitioner, in view of Annexure P-5 with all consequential benefits including seniority and arrears accruing thereon on this account. (vii) Any other and further orders which this Hon’ble Court ay deem fit and proper in the facts and circumstances of the present case, may kindly be passed in the interest of justice. - 4 - 2. It is submitted that the matter has been considered by the State Administrative Tribunal and the order of Tribunal was challenged before this court and this court has dismissed the same as can be seen from Annexure P-3 judgement in CWP No. 420 of 2006. It is further submitted that said judgement has been accepted and implemented by the State. It is submitted by the learned counsel for the petitioners that petitioners are similarly situated person like the petitioner in the said case. The petitioners have submitted representations Annexure P-4 to first respondent. There will be a direction to first respondent to look into all the aspects of the matter and take appropriate action in accordance with law and justice without discriminating the petitioners. This will be done within a period of three months from the date of production of a copy of this order alongwith the copy of writ petition. Copy dasti. (Justice Kurian Joseph), Chief Justice. June 28, 2010 (Justice Kuldip Singh), (Hem) Judge.