Suraj Mani vs State of H.P. and Another

Kurian Joseph, C.J.—The writ petition is filed mainly with the following prayers:

(i) That the writ in the nature of certiorari may kindly be issued and the action of the respondent No. 3 in changing the service conditions of the petitioner as per Annexure P-3, may kindly be quashed and set aside since the petitioner was engaged as daily waged cleaner in the year 1996 and he was engaged in the year 1999 as daily waged driver but in the year 2003 by changing his service condition, he was engaged on contractual basis.

(ii) That writ in the nature of mandamus may kindly be issued, directing the respondents to re-engage the service of the petitioner in view of the principle of ''First Come Last Go'' since the petitioner has served the respondents for last 13 years as daily waged cleaner, daily waged driver and contractual driver.

In view of statutory remedy available to the petitioner u/s 72 of H.P. Co-operative Societies Act and as the society is not amenable to the writ jurisdiction of this Court, it is for the petitioner to invoke the jurisdiction u/s 72 of the H.P. Co-operative Societies Act and on invoking such remedy the competent authority shall deal with the matter with notice to petitioner and second respondent in accordance with law.

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