State of H.P. and Others vs Subhadra

Kurian Joseph, C.J.—The State has come in appeal aggrieved by the judgment dated 5.4.2010 passed in CWP(T) No. 16546 of 2008. Learned Single Judge has allowed the writ petition directing the Respondents to take an appropriate action in light of the decision in Man Singh v. State of H.P. and Anr.. Learned Deputy Advocate General submits that the Petitioner, being a Nepali citizen, and the eligibility having been acquired in the year 2006, the writ Petitioner is not entitled to any relief as per R&P Rules. We are afraid that the contention cannot be appreciated and the spirit of the judgment in Man Singh''s case is only to the effect that the other things being equal, a Nepali citizen shall not be denied regularization only on the ground of being a Nepali citizen in case that workman is in a position to produce eligibility certificate. It is seen from the memorandum of appeal that one of the impediments for granting regularization was that the writ Petitioner is a Nepali citizen. We make it clear that other things being equal in case the writ Petitioner produces the eligibility certificate and in case at the time of completion of required number of years, there was vacancy, the writ Petitioner shall be considered for regularization and in case, there was a policy available in the matter of conferment of work-charge status on that date, appropriate action in that regard shall also be taken. Needful shall be done within a period of four months from today.

With the above observations, the appeal stands disposed of, so also the pending application (s), if any.