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2011 DIGILAW 1498 (HP)

Chuni Lal v. H. P Milkfed

2011-03-21

DEEPAK GUPTA

body2011
JUDGMENT Deepak Gupta, J. For the reasons stated in the application, the same is allowed and Sh.Janesh Mahajan, Advocate is permitted to withdraw power of attorney from the case. The application stands disposed of. Mr.M.R.Verma, Advocate has filed power of attorney on behalf of the respondents. Sh.Verma fairly submits that the judgment of the Mool Raj Upadhyaya Vs. State of H.P and Others, 1994, Supplementary (2) Supreme Court Cases 316 is applicable to the H.P Milkfed. It is also not disputed that the petitioner was initially engaged as Beldar on daily wage basis on 6.4.1992 and he has completed 10 years of minimum service with 240 days in each year thereafter. Therefore, in terms of the policy laid down in Mool Raj Upadhyaya’s case, the petitioner is entitled to work charge status w.e.f. 7.4.2002 In view of the above discussion, the petition is allowed and the respondents are directed to grant work charge status to the petitioner w.e.f. 7.4.2002. It is further directed that the respondents shall work out the monetary arrears, if any, due and payable to the petitioner and shall pay the same to him latest by 31.7.2011 alongwith interest @ 6% per annum from the date when the amount fell due failing which the respondents shall be liable to pay interest @ 12% per annum. 2. The petition is disposed of in the aforesaid terms. No order as to costs.