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High CourtsDivision Bench(2024) 05 SHI CK 0098

Devinder Kaur vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 30 May 2024

HON’BLE JUDGES
M.S. Ramachandra Rao, CJ · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Latter Patent Appeals No. 143 Of 2024

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Judgment

14 paragraphs · 341 words

M.S. Ramachandra Rao, CJ

CMP(M) No.610/2024

1.

For the reasons stated in the application, the same is allowed and delay in filing the appeal is condoned. The application is disposed of.

LPA No. 145/2024

Heard both sides.

2.

The issue raised in this appeal is covered by the order dated 27.03.2023, passed in CWP No.1455/2023. The said order reads as under:-

“The instant petition has been filed for the grant of following substantive relief:-

“That the respondents may be ordered to grant work charge status to the petitioner w.e.f. 1.1.2004 with all benefits incidental thereof, as per the law settled by this Court in LPA No. 165 of 2021, State of H.P. & others vs. Surajmani and another.”

2.

Learned counsel for the petitioners has submitted that the case of the petitioners is covered by the decision of this Court in LPA No.165 of 2021, titled as State of HP and others vs. Surajmani and another, decided on 12.1.2023, alongwith connected matters.

3.

Accordingly, this petition is disposed of with a direction to the respondents to consider and decide the case of the petitioners in terms of the decision of this Court in Surajmani’s case supra, expeditiously, preferably within six weeks from the date of receipt of copy of this order.

4.

Pending miscellaneous application(s), if any, shall also stand disposed of.

To come up for compliance, on 26.5.2023.”

3.

In this view of the matter, we are of the opinion that the learned Single Judge ought to have given similar direction instead of asking the appellant to again file a representation before the respondents and then invite a decision.

4.

Therefore, the appeal is disposed of with a direction to the respondents to consider and decide the case of the appellant in terms of the decision rendered in LPA No.165/2021 (State of Himachal Pradesh and Others Vs. Surajmani & Another) decided on 12.01.2023, expeditiously preferably within a period of six weeks from the date of receipt of copy of this order. Pending miscellaneous application(s), if any, also stand disposed of.