COPC/432/2011 of RAMPATI Vs BALDEV KUMAR on 29 December 2011

1. COPC No. 426 of 2011.

Sh. Sewa Dass, S/o Man Sukh, resident of Village Seri Majhelli, PO Taklech, Tehsil Rampur Bushehar, District Shimla, presently working as Part Time Water Carrier in Govt. Primary School, Seri Majhelli, District Shimla, Himachal Pradesh.

Versus

…Petitioner.

Sh. O.P. Sharma, Director, Higher Education, Himachal Pradesh, Shimla-171001.

…Contemnor.

2. COPC No. 427 of 2011.

Ramesh Chand son of Shri Hira Ram Village Kashapat PO Kashapat Tehsil Rampur, District Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. O.P. Sharma, Director, Higher Education, Himachal Pradesh, Shimla-171001.

…Contemnor.

3. COPC No. 428 of 2011

Mohan Lal son of Shri Saindi Ram resident of village Barkal, PO Munish Bahali, Tehsil Rampur Bushehar, District Shimla, presently working as Part Time Water Carrier in govt. Primary School, Urman, District Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. O.P. Sharma, Director, Higher Education, Himachal Pradesh, Shimla-171001.

…Contemnor.

4. COPC No. 429 of 2011

Tula Ram, son of Shri Shivod Ram, Resident of village Sanawagi, PO Chekul, Tehsil Kumarsain, District Shimla, presently working as Part Time Water Carrier in Govt. Primary School, Sanawag, District Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. Baldev Kumar Bhardwaj, Deputy Director, Higher Education, District Shimla, US Club, Shimla-171001.

…Contemnor.

5. COPC No. 431 of 2011

Balak Ram son of Sh. Ramjor, Resident of village Manja, PO Kangu, Tehsil Chargaon, District Shimla, presently working as Part Time Water Carrier in Govt. Primary School, Amlatoo, District Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. Baldev Kumar Bhardwaj, Deputy Director, Higher Education, District Shimla, US Club, Shimla-171001.

…Contemnor.

6. COPC No. 432 of 2011

Smt. Rampati wife of Shri gobor Ram, Resident of village Bagi, PO Chargaon, District Shimla, HP presently working as Part Time Water Carrier in government Primary School, Gaar, District Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. Baldev Kumar Bhardwaj, Deputy Director, Higher Education, District Shimla, US Club, Shimla-171001.

…Contemnor.

7. COPC No. 433 of 2011

Jia Lal son of shri Bijnoo, r/o village Karagla, sub Tehsil Nankhari, District Shimla, presently working as Part time Water Carrier in Govt. Primary School, Kunth, PO Delath, District Shimla, Himachal Pradesh.

Versus

….Petitioner

Sh. Baldev Kumar Bhardwaj, Deputy Director, Higher Education, District Shimla, US Club, Shimla-171001.

…Contemnor.

8. COPC No. 434 of 2011

Sahun Devi wife of Shri Budh Ram resident of village Anurakshi, PO Kreri, tehsil Rampur Bushehar, district Shimla, presently working as Part Time Water Carrier in Govt. Primary School, Anurakshi, district Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. O.P. Sharma, director, Higher Education Himachal Pradesh, Shimla -171001.

…Contemnor.

9. COPC No. 435 of 2011

Smt. Joinoo Devi wife of Shri Liaq Ram, resident of Village Dehra, PO Dharchandna, Sub Tehsil Kupwi, District Shimla, HP, presently working as Part Time Water Carrier in Government Primary School, Majgaon, PO Dharchandna, District Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. Baldev Kumar Bardwaj, Deputy Director, Higher Education Distt. Shimla, US Club, Shimla-171001.

…Contemnor.

10. COPC No. 436 of 2011

Pyare Lal son of Joonpur R/o village Diwadi, PO Pekha, Tehsil Chirgaon, District Shimla, presently working as Part Time Water Carrier in Govt. Primary School, Ramain, District Shimla, Himachal Pradesh .

…Petitioner.

Versus

Sh. Baldev Kumar Bardwaj, Deputy Director, Higher Education Distt. Shimla, US Club, Shimla-171001.

…Contemnor.

11. COPC No. 437 of 2011

Rai Singh, son of Smt. Janu Devi, Resident of Village & PO Dharchandna, Sub Tehsil Kuwi, District Shimla, H.P. presently working as Part Time Water Carrier in Govt. Primary School, Dhar, District Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. Baldev Kumar Bardwaj, Deputy Director, Higher Education Distt. Shimla, US Club, Shimla-171001.

…Contemnor.

12. COPC No. 438 of 2011

Smt. Goda Devi, w/o Sh. Prem Sukh, Resident of Village Khalwi, PO Chakul, District Shimla, HP presently working as Part Time Water Carrier in Govt. Primary School, Chamala, District Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. Baldev Kumar Bardwaj, Deputy Director, Higher Education Distt. Shimla, US Club, Shimla-171001.

…Contemnor.

13. COPC No. 439 of 2011

Smt. Chander Kanta wife of Shri Dharam Pal, Resident of Village & PO Pekha, Tehsil chirgaon, District Shimla, HP presently working as Water Carrier in Govt. Primary School, Jatwari, PO Pekha, Tehsil Chirgaon, District Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. Baldev Kumar Bardwaj, Deputy Director, Higher Education Distt. Shimla, US Club, Shimla-171001.

…Contemnor.

14. COPC No. 440 of 2011

Parma Nand son of Shri Damphoo Ram, R/o village & PO Lalan, Sub tehsil Nankhari, District Shimla, presently working as Part Time Water Carrier in Govt. Primary School, Lalan, District Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. Baldev Kumar Bardwaj, Deputy Director, Higher Education Distt. Shimla, US Club, Shimla-171001.

…Contemnor.

15. COPC No. 442 of 2011

Ishwar Dutt, son of late Sh. Phithu Ram, Resident of village Jajelli, PO Jajelli, District Shimla, H.P. presently working as Part Time Water Carrier in Govt. Middle School, Jajelli, District Shimla, Himachal Pradesh.

…Petitioner.

Versus Sh. Baldev Kumar Bardwaj, Deputy Director, Higher Education Distt. Shimla, US Club, Shimla-171001.

…Contemnor.

16. COPC No. 443 of 2011

Shri Surat Ram son of late shri Ann Dass, Resident of village Munish Bahali, PO Munish Bahali, Tehsil Rampur, District Shimla H.P. presently working as Part Time Water Carrier in Govt. Primary School, Munish Bahali, District Shimla, Himachal Pradesh.

…Petitioner.

Versus

Sh. O.P. Sharma, Director, Higher Education, Himachal Pradesh, Shimla-171001.

….Contemnor.

17. COPC No. 444 of 2011

Smt. Ram Kali wife of Shri Hari Dass, Resident of Village & PO Majhewli, Tehsil Rampur, District Shimla Himachal Pradesh presently working as Part Time Water Carrier in govt. Primary School, Majhewli, Tehsil Rampur District Shimla, Himachal Pradesh.

Versus

Sh. Baldev Kumar Bardwaj, Deputy Director, Higher Education Distt. Shimla, US Club, Shimla-171001.

…Contemnor.

18. COPC No. 445 of 2011

Smt. Bimla Devi wife of shri Charan Dass, R/o village Karghyali, PO Larot, Tehsil Chirgaon, District Shimla, H.P., presently working as Part Time Water Carrier in Govt. Primary School, Kuptwari, Tehsil Chirgaon, District Shimla, Himachal Pradesh.

….Petitioner.

Versus

Sh. Baldev Kumar Bardwaj, Deputy Director, Higher Education Distt. Shimla, US Club, Shimla-171001.

…Contemnor.

19. COPC No. 446 of 2011

Smt. Ishwari Devi wife of Shri Yashwant Singh, Resident of village Diwadi, PO Pekha, Tehsil Chirgaon age 32 years, HP presently working as Part Time Water Carrier in Govt. Primary School, Shishatwari (now Jalwari), District Shimla, Himachal Pradesh.

Versus

Sh. Baldev Kumar Bardwaj, Deputy Director, Higher Education Distt. Shimla, US Club, Shimla-171001.

…Contemnor.

20. COPC No. 447 of 2011

Smt. Pujana Devi daughter of Shri Uttam Singh, Resident of village & PO Pekha Tehsil Chirgaon, District Shimla, HP presently working as Part Time Water Carrier in Govt. Primary School, Jangliky, District Shimla, Himachal Pradesh.

….Petitioner.

Versus

Sh. Baldev Kumar Bardwaj, Deputy Director, Higher Education Distt. Shimla, US Club, Shimla-171001.

…Contemnor.

Coram

The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Dev Darshan Sud, Judge.

For the petitioners : Mr. I.D. Bali, Senior Advocate, with Mr. K.G. Sharma, Advocate.

For the Respondents :

Mr. R.K. Bawa, AG with Mr. J.K. Verma, Dy. AG.

------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral)

The petitioners have a grievance that the judgment in CWP NO. 3475 of 2011 and connected writ petitions has not been complied with. After the judgment, as above, this Court had dealt with the issue on the basis of the general policy followed in the State in the case of Part Timers and this Court vide judgment dated 12.12.2011 in CWP No. 3310 of 2011 held that the Part Timers in the Education or the Ayurveda Departments cannot be subjected to more adverse treatment. Therefore, in terms of the general policy followed in the State, it has been held that all the Part Time Water Carriers, who completed ten years of service as Part Time Water Carriers should be treated as whole time contingent paid employees and on completion of eight years of such service as whole time contingent paid employees, they should be put on regular appointment as Class-IV employees, the same being the policy of the State in the cases of Part Timers in general. It has also been held that the petitioners in those cases will not be entitled to any back wages. In the light of the judgment, as above, all these contempt petitions are dismissed, discharging the rule with a further direction to consider the cases of the petitioners afresh in the light of the law as stated above. It is made clear that the petitioners covered by these cases shall be entitled to the actual monitory benefits subject to their placement either as a whole time contingent paid employees or regular Class-IV employees, only from the date of their respective judgments.

2. With these observations, these Contempt Petitions are dismissed.

(Justice Kurian Joseph), Chief Justice

29[th] December, 2011.

(tr/kck)

(Justice Dev Darshan Sud), Judge.