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2011 DIGILAW 1162 (HP)

Chief Executive Officer-cum-Secretary v. Koshalya Devi

2011-03-10

KURIAN JOSEPH, SURINDER SINGH

body2011
JUDGMENT Kurian Joseph, C.J. Heard. The application is allowed and stands disposed of. 2. This is an appeal at the instance of the second respondent in CWP(T) No. 15610 of 2008. The learned Single Judge has directed the second respondent to consider the case of the writ petitioner in the light of the decision of this court in Phool Maya Vs. State of H.P. rendered in CWP (T) No. 10220 of 2008, but being a Nepali Citizen, the decision that applies to the writ petitioner is Man Singh Vs. State of H.P. rendered in CWP No. 1594 of 2008. Therefore, this appeal is disposed of with a direction to the appellant to consider the case of the petitioner in the light of the decision in Man Singh’s case (supra). The needful shall be done within a period of three months from the date of production of the copy of this judgment. The judgment, under appeal, stands modified to the above extent. The submission of the learned counsel for the petitioner that in case the appellant regularizes the petitioner w.e.f. 01.01.2007, the writ petitioner will not claim any benefit prior to 01.01.2007 is recorded, in view of the apprehension of the appellant that regularization would result in unsettling the settled position of other incumbents. 3. The writ petition stands disposed of, so also the pending applications, if any.