Himachal Pradesh High Court
CWP/11540/2011 on 29 December 2012
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 11540 of 2011-D
Decided on: 29.12.2011.
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Rakesh Kumar, son of Shri Mast Ram, resident of village Bhawarna, Tehsil Palampur, District Kangra HP presently working as Beldar in the office of Additional Director Agriculture, North Zone, Dharamshala, District Kangra HP
…..Petitioner
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1. State of Himachal Pradesh through Principal Secretary (Agriculture) to the Government of Himachal Pradesh, Shimla-2
2. Director, Agriculture, Himachal Pradesh, Shimla
3. Additional Director Agriculture, Kangra at Dharamshal, District Kangra, Himachal Pradesh.
… Respondents.
Civil Writ Petition under Articles 226 of the Constitution of India.
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Dev Darshan Sud, Judge.
For the Petitioners : Mr. Sanjay Jaswal, Advocate.
For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General, Mr. J.K. Verma, Deputy Advocate General and Mr. Ramesh Thakur, Assistant Advocate General.
Justice Kurian Joseph, C.J. (oral)
The petitioner claims work charge status with all consequential benefits from the date they completed 10 years of continued service. Reliance is placed on the decision of the Supreme Court rendered in Mool Raj Upadhyaya vs. State of H.P. and others, 1994 Supp. (2) SCC 316. High Court of H.P. 2011:HHC:11715-DB ::: Downloaded on - 04/11/2026 23:14:15 :::CIS
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2. The 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(s) 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 second respondent/competent authority will look into the matter, verify the facts and pass appropriate orders thereon in accordance with law, in light also of the decision referred to above within a period of another four months. The petitioner will produce a copy of this judgment along with a copy of the judgment, referred to above, while submitting the representation(s).
3. The writ petition stands disposed of, so also the pending applications, if any.
(Justice Kurian Joseph)
Chief Justice.
(Justice Dev Darshan Sud)
Judge December 29,2011 (ms/hl)
High Court of H.P. 2011:HHC:11715-DB ::: Downloaded on - 04/11/2026 23:14:15 :::CIS