Himachal Pradesh High Court

CWP/8540/2010 on 29 December 2011

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No. 8540 of 2010

Decided on: December 29, 2010.

Bhagi Rath.

….Petitioner

Versus

State of H.P. & Anr.

….Respondents.

Coram

The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge.

For the petitioner:

Mr. Vishwa Bhushan, Advocate. For the Respondents:

Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral)

The writ petition is filed with the following prayer:- “A. That this writ petition may kindly be allowed and writ in the nature of Mandamus may kindly be issued to the respondents that respondents department may be directed to extend the benefit full time worker status to the petitioner on the completion of 10 years of part time worker services as the law laid down by the Hon’ble Supreme court with consequential benefits.”

2. The petitioner is aggrieved since he is not put into regular service inspite of completing ten years of part time service. Though it is not stated as such in the writ petition, learned counsel submits that in the Education Department, in terms of R & P Rules in force, subject to availability of vacancy, part time worker in the absence of daily waged worker is entitled to regularization, in respect of 50% quota. This aspect of the matter has been considered by this Court in the judgment in CWP No. 7896/2010, titled as Jai Singh versus State of H.P. & others. The petitioner may file a representation before the first respondent within a period of one month from today, in which case, the matter will be duly considered by the first respondent and appropriate action in terms of R & P Rules in respect of the department shall be taken within High Court of H.P. 2010:HHC:13013-DB ::: Downloaded on - 05/11/2026 12:05:23 :::CIS

2 another four months. The petitioner will produce a copy of this judgment along with a copy of the judgment, referred to above, before the first respondent.

3. With these observations, the writ petition is disposed of, so also the pending application(s), if any.

Copy Dasti.

(Justice Kurian Joseph),

Chief Justice.

December 29, 2010.

( Justice V.K. Sharma ), (karan/vs)

Judge.

High Court of H.P. 2010:HHC:13013-DB ::: Downloaded on - 05/11/2026 12:05:23 :::CIS

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