IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 2570 of 2010-I Date of Decision 29th December, 2011 ________________________________________________________ 1. Ashok Kumar, son of Sh. Mohar Singh, resident of village Patyalkar, P.O. Dhalu, Tehsil Kangra, District Kangra HP 2. Harbans Lal, son of Sh. Mukhali Ram, village and P.O. Hatwas, Tehsil and District Kangra HP. 3. Smt. Pawna Devi, wife of Balbir Singh, resident of village and P.O. Nagrota Bagwan, Tehsil and District Kangra HP ….Petitioners. Versus. 1. State of HP through Secretary, Horticulture, Government of HP, Shimla. 2. Director of Horticulture, HP, Shimla. ….Respondents. Civil Writ Petition under Article 226 of the Constitution of India. _______________________________________________________________ Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Dev Darshan Sud, J. ________________________________________________________________ For the Petitioners: Mr. Sanjeev Bhushan, 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 General and Mr. Ramesh Thakur, Asstt. Advocate General. __________________________________________________________________ 2 Justice Kurian Joseph, C.J. (oral) The petitioners claim regularization with all consequential benefits from the date they completed 10 years of continued service. Reliance is placed on the decision of the Supreme Court rendered in Mool Raj Upadhyaya vs. State of H.P. and others, 1994, Supp. (2) SCC 316. 2. The learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. Petitioners submit that they would file appropriate representation(s) furnishing all factual details before the competent authority within a period of one month from today. It is always open for them to do so. The second respondent/competent authority will look into the matter, verify the facts and pass appropriate orders thereon in accordance with law, in light also of the decision referred to above within a period of another four months. The petitioners concerned will produce a copy of this judgment along with a copy of the judgment, referred to above and a copy of the writ petition(s), while submitting the representation(s). 3. The writ petition stands disposed of, so also the pending applications, if any. (Justice Kurian Joseph) Chief Justice. December 29, 2011 (Dev Darshan Sud), ms Judge