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2010 DIGILAW 236 (HP)

STATE OF H. P v. DEVINDER SINGH

2010-01-06

DEEPAK GUPTA, V.K.AHUJA

body2010
JUDGMENT Deepak Gupta, J.(Oral)-This writ petition by the State is directed against the order of the H.P State Administrative Tribunal whereby the respondents have been directed to give work charge status as Beldar to the applicant w.e.f. 1.1.2001. 2. This writ petition is squarely covered by our judgment rendered in Gauri Dutt and others versus State of H.P., Latest HLJ 2008(1) HP 366, since the applicant had completed 240 days on daily wages prior to 1993 and was entitled to be regularized. However, we find that there is an error in the order of the Tribunal inasmuch as the respondent herein has been directed to be regularized as Beldar. The claim of the respondent before the Tribunal was that he should be regularized as Welder Grade-II and it is not disputed that right from the beginning, he has been working as daily wage Welder Grade-II. 3. Therefore, in exercise of our writ jurisdiction under Article 226 of the Constitution of India, we correct the order of the learned Tribunal to the limited extent that work charge status shall be given to the respondent as Welder Grade-II and not as Beldar. 4. The writ petition stands disposed of accordingly, so also the pending application(s), if any.