Anmol Raj Kaundal vs State Of Himachal Pradesh And Others

L. Narayana Swamy, CJ

The case of the petitioner is that he has completed twenty years of service on contract basis and is entitled for regularization, as per the Government Policy, however, the respondents have not taken any steps for regularization of the petitioner.

We have heard learned counsel for the petitioner.

On the perusal of the record, it is transpired that the petitioner, at no point of time, had approached the respondents seeking regularization, though, it is stated that he has orally requested/represented to the respondents, which, in any way, is insufficient and no cause of action is accrued in favour of the petitioner to approach this Court.

It is pertinent to observe herein that when a person approaches this Court, in order to explain the cause of action, he/she should state as to whether he/she had approached the respondents and whether the respondents have considered the same or not. Without providing an opportunity to the respondents to examine the case of the petitioner in respect of the prayer made, no cause of action can be said to have been accrued in favour of the petitioner, in case he approaches this Court directly, without filing any representation before the respondents. Before seeking any writ of mandamus, the petitioner should first approach the respondents by filing a statutory representation. In case the said representation is rejected or considered adversely to the petitioner's interest, then the petitioner can approach this Court.

In the light of the above discussion, we are of the considered opinion that the petitioner has to approach the respondents, at the first instance, by way of filing the representation and in case the representation is filed, it is for the respondents to consider the case of the petitioner, in accordance with law.

The writ petition is accordingly disposed of reserving liberty to the petitioner to approach the respondents. In case the petitioner approaches the respondents, it is for the respondents to consider and pass appropriate orders, in accordance with law.

Needless to observe that the petitioner will be at liberty to approach this Court at appropriate stage, in case the cause of action is accrued in his favour.

Pending miscellaneous applications, if any, are also disposed of accordingly.