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Himachal Pradesh High Court · body

2003 DIGILAW 275 (HP)

RANDEEP SINGH v. STATE OF HP

2003-09-12

A.K.BHATNAGAR

body2003
ORDER Reply has been filed. The case of the applicant is that he is serving on daily wages with the respondent w.e.f. 1980 and he had completed 10 year service with 240 days in each calendar year. In this original application it has been prayed that the respondents be ordered to be granted work charge status w.e.f. January 1, 2000 with all benefits incidental thereto. Reply has been filed which shows that vide Annexure R-1 the applicant has completed 240 days in each calendar year since 1991 to 2001. The Honble Apex Court in the case Mool Raj Upadhyay versus State of Himachal Pradesh and others, 1994(2) SLR 377 the Honble Apex Court has held as under- "para 4(2) Daily Wage/Muster Roll Workers, whether skilled or unskilled, who have not completed 10 minimum of 240 days in a calendar year on December 31,1993, shall be appointed as work-charged employees with effect from the date they complete the said period of 10 years of service and on such appointment they shall be put in the time scale of pay applicable to the lowest grade. In the Government." 2. In the present case the applicant had not completed 10 years service with 240 days on 31 December 1993. However, he has completed 10 years with 240 days in the year 1999, as such the applicant is entitled to workcharge status w.e.f. December 31,1999 in terms of the above judgment. The respondents are directed to grant workcharge status to the applicant w.e.f. the said date with all consequential benefits without any delay. 3. With these observations and directions the present original application stands disposed of with no order as to cost.