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2011 DIGILAW 1442 (HP)

State of H. P. v. Ram Dei

2011-03-18

KURIAN JOSEPH, V.K.AHUJA

body2011
JUDGMENT Kurian Joseph, J. Heard. Delay in filing the review petition is condoned. The application is disposed of. The State has come up in review. In the judgment dated 29.7.2010 passed in CWP No. 1831 of 2010, this Court had directed to consider the case of the husband of the writ petitioner for regularization on completion of eight years of service based on the notification dated 6.5.2000. The contention of the review petitioners is that after eight years, regularization is not automatic. Now there is no dispute with regard to that submission. The regularization will depend upon the availability of the vacancy. The judgment will only be understood that the regularization is to be granted subject to the availability of the vacancy. In case, the vacancy is not available, the incumbent should be given the work-charge status as per the policy prevalent at that time. It is also made clear that it will be open to the authority concerned to look into the factual aspects regarding the man-days chart de hors the observations contained in the judgment. 2. In view of the above observations, the review petition stands disposed of, so also the pending miscellaneous application(s), if any.