JAI SINGH Vs. H.P. STATE

JUDGEMENT

(1.) PRESENT Civil Writ Petition filed under Article 226 of the Constitution of India. Brief facts of the case as pleaded are that petitioner was engaged as DDT Beldars in the year 1987 -88 by respondent department. It is further pleaded that name of the petitioner was sponsored through concerned employment exchange along with other DDT Beldars. It is further pleaded that petitioner worked with the respondent department till 30.9.1994 when his services were disengaged. It is further pleaded that petitioner filed CWP No. 719 of 1995 titled Jeet Ram and others Vs. State of HP and others before Hon'ble High Court of HP which was disposed on dated 14.11.1995. It is further pleaded that Hon'ble High Court of HP in CWP No. 719 of 1995 titled Jeet Ram and others Vs. State of HP and others issued following directions to the respondents. (1) That Secretary (Health) to the Government of Himachal Pradesh shall issue instructions to all concerned more particularly Chief Medical Officers of the Districts and Block Development Officers to maintain a seniority list of DDT Beldars. (2) That said seniority list shall be duly published in the notice board of the Block Development Officer and also at the office of Chief Medical Officer of the District and appropriate publicity shall also be given in the neighbouring places where such Beldars are working. (3) That whenever the season starts appointments shall be offered according to the seniority. It is further pleaded that respondents did not comply the directions issued by Hon'ble High Court of HP in CWP No. 719 of 1995 titled Jeet Ram and others Vs. State of HP and others. It is further pleaded that respondent department may be directed to issue appointment of DDT Beldars or any post of Class -IV employee as per direction of Hon'ble High Court of HP dated 14.11.1995. It is further pleaded that respondent department may be directed to circulate the seniority list of DDT Beldars to the petitioner prepared as per direction of Hon'ble High Court of HP dated 14.11.1995. Prayer for acceptance of writ petition sought.

(2.) PER contra reply filed on behalf of respondents pleaded therein that petitioner was initially engaged as DDT Beldars on seasonal basis from time to time. It is further pleaded that the work of DDT spray is seasonal work and it is carried out from the month of April to September every year. It is further pleaded that thereafter services of all the DDT Beldars used to be disengaged. It is further pleaded that as per direction of Hon'ble High Court of HP the seniority list of all the DDT Beldar was got prepared and maintained and thereafter all engagements of DDT Beldars on seasonal basis were made strictly as per seniority and in accordance with the sanction of government regarding number of persons to be engaged on year to year basis. It is further pleaded that one of the DDT Beldar was selected as Class -IV because he fulfills the requisite essential criteria in accordance with Recruitment and Promotion Rules. It is further pleaded that no cause of action accrued in favour of the petitioner. Prayer for dismissal of writ petition sought.

(3.) FOLLOWING points arise for determination in the present writ petition: