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Himachal Pradesh High Court · body

2011 DIGILAW 1903 (HP)

Ram Gopal v. State of H. P.

2011-04-01

DEEPAK GUPTA

body2011
JUDGMENT Deepak Gupta, J. 1. The main relief sought by the petitioner is that he should be granted work charged status from the date he completed 10 years service in accordance with the judgement of the Apex Court in Mool Raj Upadhyaya vs. State of H.P. and others, 1994 Supp(2) SCC 316. 2. The respondents alongwith their reply have filed the mandays chart of the petitioner. This shows that from the year 1993, the petitioner has been working for more than 240 days in a year without break and thus it is apparent that on 31.12.2002 the petitioner had completed 10 years of service and had worked for more than 240 days in each calendar year. Therefore, he is entitled to grant of work charged status w.e.f. 1.1.2003. 3. The petition is accordingly allowed and the respondents are directed to grant work charged status to the petitioner w.e.f. 1.1.2003. All monetary dues of the petitioner, if not already paid, shall be paid to him alongwith interest @ 6% per annum latest by 31st May, 2011. In case, the State fails to pay the amount by the said date then it shall be liable to pay interest @ 12% per annum. The petition is disposed of accordingly.