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2021 Supreme(HP) 940

VIVEK SINGH THAKUR
Nandini Thakur – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Dalip K. Sharma, Advocate.
For the Respondent:Mr. Raju Ram Rahi, Deputy Advocate General.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner Nandini Thakur alias Nandi Thakur has approached this Court for quashing impugned Office Order dated 25.10.2012 (Annexure P-6), passed by Superintending Engineer, IPH Circle, Kullu (HP) (respondent No.2), whereby benefit of regularization, extended to the petitioner w.e.f. 1.1.2002, as per Policy of State, on completion of eight years continuous service with 240 days in each Calendar Year, has been withdrawn and her date of regularization as Complaint Attendant has been modified as 30.12.2006, i.e. from the date of appointment/ regularization of similarly situate persons junior to her.

2. For the purpose of adjudication of present case, Policy formulated by the respondents-State and approved by the Supreme Court of India in Mool Raj Upadhyaya v. State of H.P. & others, 1994 Supp (2) SCC 316 further explained in Gauri Dutt & others v. State of H.P., Latest HLJ 2008 (HP) 366, and Regularization Policy framed and circulated by the respondents-State in the year 2000, shall be relevant.

3. Policy approved by the Supreme Court in Mool Raj Upadhyaya’s case reads as under:

    “4. Taking into consideration the facts and circumstances of the case, we modi

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