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2010 DIGILAW 101 (HP)

STATE OF H. P. v. JHANDA SINGH

2010-01-06

DEEPAK GUPTA, V.K.AHUJA

body2010
JUDGMENT Per Deepak Gupta, J.(Oral)-The State has filed this writ petition against the order of the learned Tribunal whereby a direction has been given to grant work charge status to the applicant(s) from the date he completed 10 years of service with 240 days in each calendar year within a period of six months from the date of the order passed by the Tribunal. 2. The question as to which employees are covered by the scheme of regularization approved by the Apex Court in Mool Raj Upadhyaya Vs. State of H.P & others, 1994 Supp(2) SCC 316 was considered by us in a detailed judgment in Gauri Dutt and ors. Vs. State of H.P, 366 LHLJ 2008(1). We had held that all those employees who had worked for at least one year prior to 31.12.1993 are covered by the said scheme. Admittedly the respondent(s) in this case had completed 240 days of service prior to the said date. Therefore, this case is squarely covered by the judgment rendered by us in Gauri Dutt’s case supra. Therefore, there is no error in the order of the learned Tribunal. The writ petition is accordingly dismissed. No order as to costs. 3. In view of the dismissal of the main petition, all the pending CMPS, if any, shall stand disposed of.