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Himachal Pradesh High Court · body

2009 DIGILAW 641 (HP)

RAM GOPAL v. STATE OF HIMACHAL PRADESH

2009-07-14

RAJIV SHARMA

body2009
JUDGMENT Rajiv Sharma, J.-The petitioners are seeking direction to the respondents to appoint them as daily wagers on the basis of notification dated 27.2.2004. The case of the petitioners, in nutshell, is that since they have completed ten years as Part-time employee, it is incumbent upon the respondent-State to give them the status of daily wager. 2. Mr. A.K. Gupta, Advocate has strenuously argued that since the petitioners have completed ten years of tenure as Chowkidars on Part- time basis, they should be appointed on daily wage basis. 3. Mr. R.K. Sharma, learned Additional Advocate General has strenuously argued on behalf of the respondent-State that only petitioners No. 5, 6 and 12 have completed ten years of tenure on part time basis as on 31.12.2003 as Revenue Chowkidars and their case has been forwarded to the State Government. 4. I have heard the learned counsel for the parties and perused the record carefully. 5. It is evident from the records that only petitioners No. 5, 6 and 12 have completed ten years of tenure as on 31.12.2003 as Revenue Chowkidars on part time basis. A bare perusal of notification dated 27.2.2004 reveals that only those Part-time Class-IV employees who have completed ten years continuous service as on 31.12.2003 will be made daily wagers. It has come in the reply filed on behalf of respondents that a list of Revenue Chowkidars, who had completed ten years of service up to 31.12.2003 was sent to the Government for further action vide letter dated 24.10.2008. However, the contention of Mr. A.K. Gupta is that the respondents could not restrict the conferment of status of daily wager only to those persons who have completed ten years of service as on 31.12.2003. In other words, his submission is that the Part-time Class-IV employees after completion of ten years of tenure should be given the status of daily wager irrespective of the date mentioned in the notification. This submission merits rejection. The instructions issued by the State Government on 27.2.2004 pre-supposes that only those Part-time Class-IV employees who have completed ten years of tenure on 31.12.2003 are eligible to be made daily wager. 6. Accordingly, in view of the observations made hereinabove, the respondents are directed to take decision for giving the daily wager status to petitioners No. 5, 6 and 12 on the basis of Annexure R-5 within a period of six weeks from today. 6. Accordingly, in view of the observations made hereinabove, the respondents are directed to take decision for giving the daily wager status to petitioners No. 5, 6 and 12 on the basis of Annexure R-5 within a period of six weeks from today. It is made clear that the persons, who have not completed ten years as Part-time Revenue Chowkidar up to 31.12.2003 are not entitled for the status of daily wager.