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Himachal Pradesh High Court · body

2011 DIGILAW 1509 (HP)

Shyam Lal v. State of H. P.

2011-03-21

KURIAN JOSEPH, SANJAY KAROL

body2011
JUDGMENT Justice Kurian Joseph, C.J. The Writ Petition is filed with the following prayers: “a) That the writ in the nature of certiorari may kindly be issued directing the respondents No. 1 & 2 to pay the arrears of regular status to the petitioner after completion of his 10 years of service as per the policy framed by the Government of regularization with all consequential benefits of seniority as well as arrears. b) That the respondents further may kindly be directed to pay the same emoluments as are being paid to the work charged and regular employees on the basis of Principles of “equal pay to equal work”. c) That the respondents may also be directed to pay all arrears of salary on completion of eight years of service along with interest @ 12% per annum. d) That the respondents may further be directed to pay regular salary to the petitioner forthwith.” 2. According to the petitioner, his case is covered by the decision of Hon’ble Apex Court in Mool Raj Upadhaya vs. State of H.P., 1994 supp. (2) SCC 316. 3. Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. Petitioner submits that he would file appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for him to do so. The petitioner may also produce a copy of this judgment along with copy of the Writ Petition before the first respondent, in which case, the first respondent will look into the matter, verify the facts and take appropriate action in accordance with law, adverting to the submissions made by the petitioner within another four months. 3. With these observations, the Writ Petition is disposed of, so also the pending application(s), if any.