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Himachal Pradesh High Court · body

2011 DIGILAW 1884 (HP)

Jagat Ram v. State of H. P.

2011-03-31

KURIAN JOSEPH, V.K.AHUJA

body2011
JUDGMENT Kurian Joseph, J. The writ petitions are filed mainly with the following prayers:- “a) That a writ in the nature of mandamus directing the respondents to regularize/grant the work charge status to the petitioner after completion of 08 years of daily waged service as per decision of the respondents themselves as well as in view of judgment rendered in CWP No. 2735/2010 titled as Rakesh Kumar Versus State of H.P. & Others with all consequential benefits in conformity with the provision of equality clause of the Constitution, to secure the ends of law and justice. b) That the order dated 06.01.2007 (Annexure P-1) may kindly be modified and the petitioner may be held entitled for regularization/work charge status w.e.f. 01.01.2002 after completion of 8 years of service with more than 240 days (w.e.f. 23.02.1994) with all consequential benefits along with interest @ 12% per annum. c) That the Annexure P-2 issued by the Govt. of HP may also be ordered to be modified to be made applicable to the employees who completed 240 days in each calendar year upto 31.12.1994. d) That in the alternative the respondents may kindly be directed to grant the work-charge status to the petitioner exactly after the 10 years of service with more than 240 days in each calendar year rendered by him in view of State of H.P. versus Gehar Singh etc. with all consequential benefits along with interest @ 12% per annum.” 2. The petitioners claim work charge status on completion of eight years of continuous service as daily waged workers. According to the petitioners, the issue is covered in their favour by the judgment of this Court rendered in CWP No. 2735 of 2010, Rakesh Kumar versus State of H.P. and others. It is for the respondents to examine the matter. We are informed that the State has filed an appeal against the above mentioned decision. Therefore, it is made clear that the implementation of the judgment referred to above would depend on the outcome of the decision of the Apex Court. The needful action, after verifying the facts will be taken within a period of two months from the date of the judgment of the Apex Court. 3. The writ petitions are disposed of, so also the pending application (s), if any.