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Himachal Pradesh High Court · body

2011 DIGILAW 1361 (HP)

Beli Ram v. State of H. P.

2011-03-16

KURIAN JOSEPH, V.K.AHUJA

body2011
JUDGMENT Kurian Joseph, C.J. The writ petition is filed with the following prayers:- “A) That the respondents may kindly be directed to regularize the service of the petitioner w.e.f. 1.1.1991 or in alternative from 1.1.1994(as per the scheme framed in Mool Raj Upadhayay Vs State of H.P. by the Hon’ble Apex Court) when he is completing more than 10 years of service with all consequential benefits. B) That the respondents may be directed to allow the petitioner to serve till the age of 60 years.” 2. According to the petitioner, going by the decision of the Apex Court in Mool Raj Upadhaya vs. State of H.P., 1994 supp. (2) SCC 316, he should have been regularized in service on completion of 10 years, in the year 1994. However, he was granted such regularization only in the year 2002. In case the petitioner is regularized prior to 10.5.2001, he is also entitled to continue till he attains the age of 60 years. The petitioner has submitted Annexure P-4, representation, before the second respondent. There will be a direction to the second respondent to look into the matter and take appropriate action in accordance with law on or before 25th May, 2011. The petitioner will immediately produce a copy of this judgment alongwith the copy of the writ petition before the second respondent. 3. The writ petition is disposed of, so also the pending application(s), if any.