IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 10603 of 2011-A Decided on: 8th December, 2011. 1. Shri Satayarthi Kumar S/o Shri Mangat Ram R/o Vill. & P.O Sehal, Tehsil Baijnath, Distt. Kangra, H.P., presently working as Peon, office of Subject Matter Specialist Indo- Dutch Mushroom Project, Tehsil Palampur, Distt. Kangra, H.P. 2. Shri Pahar Singh S/o Shri Khada Ram R/o Village Thulel, P.O. Balana, Tehsil Badiyat, Distt. Chamba, H.P., presently working as Beldar, Deputy Director Horticulture, Tehsil and Distt. Chamba, H.P. 3. Shri Dile Ram S/o Shri Sukhu Ram R/o Village Gaddar, P.O. Marera, Tehsil Jaisinghpur, Distt. Kangra, H.P. presently working as Clerk, office of Deputy Director Horticulture, Kinnaur, Recongpeo Distt. Kinnaur, H.P. 4. Shri Tilak Raj S/o Shri Bishan Dass R/o Village & P.O Hatwas, Tehsil and Distt. Kangra, H.P. presently working as Beldar, office of Deputy Director Horticulture, Kinnaur, Recongpeo Distt. Kinnaur, H.P. 5. Shri Suresh Kumar S/o Shri Udhar Singh R/o V.P.O Patti, Tehsil Palampur, Distt. Kangra, H.P. presently working as Beldar, office of Deputy Director Horticulture Kangra, Tehsil and Distt. Kangra, H.P. 6. Shri Dharam Chand S/o Shri Sant Ram R/o Village Chadrehdh, P.O. Saliyana, Tehsil Palampur Distt. Kangra, H.P. presently working as Beldar, office of Subject Matter Specialist Indo-Dutch Mushroom Project, Tehsil Palampur, Distt. Kangra, H.P. 7. Shri Mohinder Kumar S/o Shri Purshottam Lal R/o Village Gaddiyara, P.O Sidhpur Tehsil Palampur, Distt. Kangra, H.P. presently working as Beldar, office of Subject Matter Specialist Indo-Dutch Mushroom Project, Tehsil Palampur, Distt. Kangra, H.P. 8. Smt. Gurpayari W/o Shri Maanbhadur Singh R/o V.P.O Patti, Tehsil Palampur, Distt. Kangra, H.P. presently working as Beldar office of Deputy Director Horticulture, Kangra Tehsil and Distt. Kangra, H.P. 9. Shri Milap Chand S/o Shri Khayali Ram R/o V.P.O Skadul, Tehsil Palampur, Distt. Kangra, H.P. presently working as Chowkidar, office of Fruit Technologist Nagrota-Bagwan Distt. Kangra, H.P. 2 10. Shri Baldev Singh S/o Sh. Mahaal Singh R/o Village Bhagaei, Tehsil Bhatiyat, Distt. Chamba, H.P., presently working as Beldar, office of Deputy Director Horticulture, Chamba, Distt. Chamba, H.P. 11. Shri Amar Singh S/o Shri Pannu Ram R/o Village Thulel, P.O, Balana Tehsil Badiyat Distt. Chamba, H.P. presently working as Beldar office of Deputy Director Horticulture Chamba, Distt. Chamba, H.P. 12. Shri Tek Chand S/o Shri Chanu Ram R/o Village Chalera P.O. Balan, Tehsil Badiyat, Distt. Chamba, H.P. presently working as Beldar, office of Deputy Director Horticulture Chamba, Distt. Chamba, H.P. 13. Shri Kewal Singh S/o Shri Bardu Ram R/o Village Chalera P.O. Balan, Tehsil Badiyat Distt. Chamba, H.P. presently working as Peon, Office of Subject Matter Specialist Indo- Dutch Mushroom Project, Tehsil Palampur, Distt. Kangra, H.P. 14. Shri Ajeet Kumar S/o Sh. Punnu Ram R/o Village Chadrehdh, P.O. Saliyana, Tehsil Palampur Distt. Kangra, H.P. presently working as Beldar, Office of Deputy Director Horticulture, Kangra, Distt. Kangra, H.P. 15. Shri Suman Kumar S/o Shri Roshan Lal R/o Village & P.O. Hatwas, Tehsil and District Kangra, H.P. presently working as Cleaner, Office of Subject Matter Specialist Indo-Dutch Mushroom Project, Tehsil Palampur, Distt. Kangra, H.P. 16. Shri Amar Singh S/o Shri Dina Nath R/o Village and P.O. Banuri, Tehsil Palampur, Distt. Kangra, H.P. presently working as Beldar, Office of Deputy Director Horticulture, Kangra, Distt. Kangra, H.P. 17. Shri Madan Lal S/o Shri Mast Ram R/o Village Rani Sidhpur, P.O. Vridawan Tehsil Palampur, Distt. Kangra, H.P. presently working as Beldar, office of Deputy Director Horticulture, Kangra, Distt. Kangra, H.P. 18. Smt. Sudha Vyas W/o Shri Anil Sharma R/o Village and P.O. Sakdi, Tehsil Baijnath, Distt. Kangra, H.P. presently working as Laboratory Assistant, Office of Subject Matter Specialist Indo-Dutch Mushroom Project, Tehsil, Palampur, Distt. Kangra, H.P. 19. Shri Bhadur Singh S/o Shri Moti Lal R/o Village and P.O. Sapaeru, Tehsil Palampur, Distt. Kangra, H.P. presently working as Beldar Office of Deputy Director Horticulture, Keylong, Distt. Lahaul Sipiti, H.P. 20. Shri Mohinder Pal S/o Shri Chandu Ram R/o Village & P.O. Kilorh, Tehsil Saluni, Distt. Chamba, H.P. presently working as Chowkidar, Office of Deputy Director Horticulture, Kangra, Distt. Kangra, H.P. 3 21. Shri Ajeet Kumar S/o Shri Mangat Ram R/o Village and P.O. Banuri, Tehsil Palampur, Distt. Kangra, H.P. presently working as Beldar, Office of Subject Matter Specialist Indo- Dutch Mushroom Project, Tehsil Palampur, Distt. Kangra, H.P. … Petitioners. Versus 1. State of Himachal Pradesh through Principal Secretary (Horticulture) with Headquarter at Shimla, H.P. 2. The Director of Horticulture at Shimla, H.P. 3. The Secretary Finance to the Government of Himachal Pradesh, Shimla-2. 4. The Secretary Personnel to the Govt. of H.P. with Headquarters at Shimla, H.P. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioners : Ms. Seema Guleria, Advocate. For the respondents : Mr. R.K. Bawa, Advocate General, with Mr. Ankush Dass Sood, Addl. AG and Mr. Vinod Thakur, DAG, for respondents. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioners seek prospective regularization in service. According to the petitioners, their cases are covered by the decision of the Apex Court in Mool Raj Upadhaya Vs. State of H.P. and others, 1994 Supp.(2) SCC 316. and decision of this Court in CWP No.2735 of 2010 titled Rakesh Kumar versus State of H.P. and others. As far as Mool Raj Upadhaya’s case is concerned, the same has attained finality. As far as Rakesh Kumar’s case is concerned, the same has not yet attained finality. The petitioners may file their respective representation(s) pointing out the service 4 particulars before the Appointing Authority, in the cases of those who are covered by the decisions in Mool Raj and Rakesh Kumar. In the light of the observations in the said decisions, the cases of the petitioners shall be examined and the eligible benefits shall be disbursed to them within another four months from the date of production of a copy of this judgment along with the copy of the writ petition and the copies of the judgments referred to above. The cases which are covered by the decision in Rakesh Kumar will be examined after the same has attained finality before the Apex Court and if the petitioners found eligible, the benefits shall be disbursed to them within another three months after the date of the order by the Apex Court. 2. The writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 8th December, 2011. (Justice Rajiv Sharma), (tr/naveen) Judge. 5