Research › Search › Judgment

Himachal Pradesh High Court · body

2011 DIGILAW 8 (HP)

Mukesh Sharma v. State of H. P.

2011-01-03

KURIAN JOSEPH, V.K.AHUJA

body2011
JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayers: “(i) That the respondents may be directed to consider and give resultant regularization or work charged status to the petitioner on the higher post of a Complaint Clerk (Class-III) or equivalent w.e.f. date he completes 8 years of continuous service on higher post as such; instead of regularizing him on the lower post of a Beldar (Class-IV); as per the ratio of the judgment in case of State of HP vs. Gauri Dutt with all consequential benefits forthwith. (ii) In the alternative The respondents may be directed to consider and give resultant regularization or work charged status to the petitioner as a Beldar w.e.f. 1.1.2002 i.e. date he completes 8 years of continuous service as Beldar as per the law in CWP 2735/2010 as Rakesh Kumar vs State; instead of 17/23.3.2007 (annexure P2) with all consequential benefits. (iii) That orders dated 21.4.2009 vide Annexure P-6 denying regularization/work charged status to the petitioner on the higher post/category may kindly be quashed and set aside forthwith.” 2. According to the petitioner, his case has to be examined in the light of the decision of this Court in Gauri Dutt and others vs. State of H.P., Latest HLJ 2008 (HP) 366. There will be a direction to the second respondent to look into the matter on verification of the facts and take appropriate action in accordance with law, adverting to the submissions made by the petitioner in the petition within a period of four months from the date of production of a copy of this judgment along with a copy of the writ petition before the second by the petitioner. In case the petitioner requests for an opportunity of hearing, the same shall also be granted. 3. The writ petition is disposed of, so also the pending applications, if any.