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2025 DAILYLAW 4712 (HP)

NAND LAL v. STATE OF HP AND ORS

CWP/887/2021 · 2025-08-27

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.887 of 2021 Date of Decision: 27.08.2025 _____________________________________________________________________ Nand Lal ……...Petitioner Versus State of H.P. and Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. R.L. Chaudhary, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for following reliefs: “(i) That writ of mandamus may kindly be issued, directing the respondents to gran regularization to the petitioner against the post of Forest Worker from the due date, since the petitioner is working in the respondent department from last 23 years on muster roll basis for 12 years and on bill bass for 11 years and the private respondents were also on the same footing, their services have been regularized in the year 2020 and the petitioner has been deprived from the benefit of regularization without any justification. (ii) That the action of the respondent department, whereby they have changed the service condition of the petitioner without his consent in the year 2010 may kindly be quashed and set aside, since the petitioner has worked as daily wage Forest Worker w.e.f. 1997 till 2009, but the respondent department has wrongly shown him w.e.f. 2010 on bill basis.” 2 2. Though by way of filing reply to the petition, claim of the petitioner has been seriously refuted by the respondents, but after having carefully perused the judgment dated 04.07.2024, passed by Coordinate Bench of this Court in CWP No.789 of 2024, titled Ram Singh Vs. State of Himachal Pradesh and Others, which has been further upheld by the Division Bench of this Court in LPA No.60 of 2025, titled as State of Himachal Pradesh Vs. Ram Singh, decided on 27.02.2025, learned counsel for the parties are ad idem that issue sought to be decided in the instant proceedings already stands adjudicated and as such, no prejudice, if any, shall be caused to either of the parties in case directions contained in Ram Singh (supra) are made applicable to the present case. 3. Having carefully perused averments contained in the petition, which is duly supported by way of affidavit, vis-a-vis judgment sought to be relied upon, this Court finds that precisely the grouse of the petitioner is that though he served the department continuously on daily wage basis, without there being any interruption, but respondents, with a view to defeat his rightful claim for regularization, showed some of his service on bill basis. Coordinate Bench of this Court in similar facts and circumstances, while deprecating the practice of respondents/State to resort to the practice of bill basis, directed respondents to consider the entire service 3 rendered by the petitioner, in that case, on daily wage basis for the purpose of regularization. Since issue involved in the case at hand is identical to the issue decided in Ram Singh (supra), coupled with the fact that judgment passed by Coordinate Bench of this Court in Ram Singh (supra) has attained finality, this Court is of the view that no prejudice, if any, shall be caused to either of the parties, in case directions contained in Ram Singh (supra) are made mutatis mutandis applicable in the case at hand. 4. Consequently, in view of the above, the directions contained in the aforesaid judgment rendered by Coordinate Bench of this Court in Ram Singh case (supra) are ordered to be made mutatis mutandis applicable in the present case for all intents and purposes. In the aforesaid terms, present petition is disposed of along with pending application(s), if any. August 27, 2025 (Sandeep Sharma), Rajeev Raturi Judge