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2015 Supreme(HP) 593

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Mansoor Ahmad Mir, Rajiv Sharma, JJ.
Suresh Kumar and others - Petitioners
Versus
State of Himachal Pradesh and others - Respondents
Review Petition No. 4047 of 2013 with Review Petitions No. 4048, 4051, 4052, 4053, 4055, 4057, 4058 and 4080 of 2013, and 98 of 2014
Decided On: 18-6-2015

Advocate Appeared:
For the petitioners:Mr. Vivek Thakur, Mr. Anil Jaswal, Mr. Onkar Jairath, Mr. Pardeep K. Sharma, Mr. Dalip K. Sharma, Mr. Avinash Jaryal, Mr. Rajender Singh Thakur, Mr. Sanjay Jaswal, Mr. Amit Kumar Dhumal, Mr. Shyam Singh Chauhan and Mr. Ashish Verma, Advocates, for the petitioner(s), in the respective petitions.
For the respondent(s):Mr. Shrawan Dogra, Advocate General with Mr. Romesh Verma and Mr. Anup Rattan, Additional Advocates General and Mr. J.K. Verma, Deputy Advocate General, Mr. Lalit Sehgal, Mr. Vivek Singh Thakur,

The main legal point established in the judgment is the significance of seniority in promotions and the lack of educational qualification requirement for promotions, as well as the limited scope of review petitions.

Headnote:

Review Petition - Regularization of Class IV Sweepers - HP Department of Indian System of Medicine and Homeopathy Class IV Karamchari (Non-Gazetted) Recruitment & Promotion (First Amendment) Rules, 1998 - The court discussed the provisions of the HP Department of Indian System of Medicine and Homeopathy Class IV Karamchari (Non-Gazetted) Recruitment & Promotion (First Amendment) Rules, 1998, which govern the regularization of Class IV Sweepers. The court emphasized the importance of seniority in promotions and the lack of educational qualification requirement for promotions. The court also highlighted the principle of estoppel in adding parties to the case and the limited scope of review petitions.

Fact of the Case:

Petitioners were appointed as Class IV Sweepers on a part-time basis in the Ayurveda Department. They sought conferment of daily wage status and subsequent regularization. After a series of judgments and directions from the court, the petitioners were conferred daily wage status and regularized. However, they were later reverted, leading to the filing of the present petitions.

Finding of the Court:

The court found that the petitioners were reverted based on the judgment rendered by the court in a previous case. It also held that the petitioners were estopped from claiming a violation of natural justice as they had not added the private respondents as parties in their initial petition. The court emphasized the importance of seniority in promotions and the lack of educational qualification requirement for promotions. It dismissed the review petitions, stating that they did not fall within the scope of Order 47 Rule 1 CPC.

Issues: The issues involved the reversion of the petitioners, the violation of natural justice, the importance of seniority in promotions, and the scope of review petitions.

Ratio Decidendi: The court held that the petitioners were estopped from claiming a violation of natural justice due to their failure to add private respondents as parties. It emphasized the significance of seniority in promotions and the lack of educational qualification requirement for promotions. The court also clarified that the review petitions did not fall within the scope of Order 47 Rule 1 CPC.

Final Decision: The court dismissed the review petitions and disposed of any pending applications.

Rajiv Sharma, J.

1. Since common questions of law and facts are involved in all the petitions, same were taken up together for hearing and are being disposed of by a common judgment. However, to maintain clarity, facts of Review Petition No. 4047 of 2013 seeking review of Judgment rendered in CWP No.10464/2011 decided on 13.12.2012, have been taken into consideration.

2. Petitioners were appointed as Class IV Sweepers on part time basis in the Ayurveda Department. They approached this Court seeking conferment of daily wage status and thereafter regularisation by way of CWP No. 5913/2011. CWP No. 5913/2011 was decided on 27.7.2011. The operative portion of the judgment reads as under:

“3. Learned Dy. Advocate General, points out that some of the petitioners have been granted daily waged status, without taking note of the statutory provision regarding regularization, subject to availability of vacancy. In case the vacancies were available from the date of conferment of daily waged status, necessarily the judgment as extracted above, should apply to the case of such petitioners. Therefore, it is made clear t at the claim of the petitioners for regularization in class-IV posts should be addressed and considered subject to the availability of vacancies and subject to seniority, pay fixation, increments etc. Needful orders in that regard shall be passed within a period of four months from the date of production of the copy of this judgment alongwith a copy of the Writ Petition(s) by the petitioners. In the process, in case any of the petitioner is found entitled for retrospective regularization, it is made clear that such petitioner shall be entitled to only notional benefits for the period from that date till today and the actual monetary benefits and for all other purposes they shall be treated as regular with effect from the date when the vacancy was available.”

3. In sequel to Judgment rendered by this Court on 27.7.2011, petitioners were conferred daily wage status on 6.6.2012 and thereafter their services were regularised on 3.10.2012.

4. Respondents No. 4 to 19 filed a CWP No. 10464/2011 seeking conferment of daily wage status and regularisation. Similarly situate persons also instituted CWP No. 2079/2012. CWP No. 10464/2012 was decided on 13.12.2012 and CWP No. 2079/2012 was decided on 3.7.2013. The operative portion of Judgment dated 13.12.2012 rendered in CWP No. 10464/2012 reads as under:

“3. There will be a direction to the respondents/competent authority to consider the case of the petitioners for regularization alongwith others, who have joined the service alongwith them and regularized in service in case they are similarly situated. In case the only objection is that they do not possess the educational qualification, the same shall be ignored. The needful shall be done within a period of two months from the date of production of a certified copy of this judgment alongwith copies of the judgments, referred to above, by the petitioners before the respondents/competent authority. The pending application(s), if any, also stands disposed of.”

5. Operative portion of Judgment rendered in CWP No. 2079/2009 on 20.10.2012, reads as under:

“3. Therefore, there will be a direction to first respondent to look into the matter in light of the observations made above and take appropriate action within a period of four months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner.

6. In sequel to directions of this Court in CWP No. 10464/2012, respondents No. 1 to 3 issued office orders dated 2.4.2013 and dated 4.5.2013, whereby petitioners were reverted. Petitioners and similarly situate persons filed CWP No. 2968 of 2013 and 4012 of 2013 against their reversion orders dated 2.4.2013 and 4.5.2013, respectively. These petitions were dismissed by this Court on 6.8.2013 by directing the petitioners to file review petitions. It is in these circumstances that the present petitions have bee






























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