Bhim Dutt & Others vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

The grievance of the petitioner primarily is that service rendered by them before they promoted as Peon-cum-Chowkidar (Class-IV), as Part Time Water Carrier and whole time Contingent Paid Employee has not been taken into consideration so as to render them eligible for the grant of pension.

Learned Counsel for the petitioners has referred to the judgments of this Court in CWPOA No.229 of 2020, titled Kundan Singh and others Versus State of Himachal Pradesh and others, decided on 08.10.2020 and CWP No.3310 of 2011-D, titled Smt. Leela Devi Versus State of Himachal Pradesh and others, alongwith connected matters, decided on 12.12.2011, to support the cause of the petitioners.

Having heard learned Counsel for the petitioners as also having gone through the judgments being relied upon by the petitioners, this Court observed that the reliefs prayed for by the petitioners and also the pleadings in the petition are not insync with the law as has been declared on the subject by this Court.

At this stage, learned Counsel for the petitioners submits that the petitioners be allowed to amend the petition.

This Court is of the considered view that rather than amending the petition, it would be in the interest of justice in case the petitioners withdraw this petition with liberty to approach the Court again on the same cause by placing on record better facts and by filing independent petitions.

Learned Counsel for the petitioners submits that the petitioners be allowed to withdraw the petition with liberty to avail the said liberty.

Accordingly, the petition is closed, as withdrawn, so also the pending miscellaneous application(s), if any. Liberty is granted to all the petitioners to approach the Court afresh on the cause of action already pleaded in the petition by placing on record better facts.