WRIT PETITION 10596 of 2011 on 2 September 2002

1. State of Himachal Pradesh through its Secretary (Food & Civil Supplies), Government of Himachal Pradesh, Shimla-2. (Food & Civil Supplies), Government of Himachal Pradesh, Shimla-2.

2. The Director, Food and Civil Supplies Department, Kasumpti, Shimla-9. Kasumpti, Shimla-9.

… Respondents.

Civil Writ Petition under Article 226 of the Constitution of India.

Coram

The Hon’ble Mr. Justice Rajiv Sharma, Judge.

Whether approved for reporting?[1] No

For the Petitioner : Mr. Bimal Gupta, Advocate.

For the Respondents : Mr. Vikas Rathore, Deputy Advocate General.

Justice Rajiv Sharma, Judge, (Oral):

1Whether the reporters of Local Papers may be allowed to see the judgment? no Petitioner was appointed as Chowkidar on daily wage basis on 4.8.1992. He has completed 240 days before 31.12.1993. He has completed 8 years of service on 31.8.2000. His case was not considered under the policy framed on 2.9.2002 since he had not completed 8 years of service on 31.3.2000. Petitioner has been regularized with effect from 14.9.2006. Case of the petitioner was required to be considered for conferment of work charge status after the completion of 10 years’ service, as per dicta of the Hon’ble Supreme Court in Mool Raj Upadhyaya versus State of H.P. and others, 1991 Supp (2) SCC 316.

2. The Division Bench of this Court in Gauri Dutt and others versus State of H.P., Latest HLJ 2008 (HP) 366 has held that the scheme of regulation of daily wage workers is applicable to all the daily rated employees in all the departments in H.P. The Division Bench has held as under:

“17. The State of H.P. has also raised a plea that the scheme in Mool Raj Upadhyaya’s case is only applicable to the employees of the IPH and PWD departments of the State of H.P. and is not applicable to other employees. We have already quoted para 6 of the affidavit of Mr. Subramanyam which clearly shows that the scheme, as presented by the State of H.P. to the Apex Court, was to be applicable to all the daily rated employees in all the departments in H.P. In view of the affidavit of Mr. Subramanyam, the State cannot now urge that this scheme is not applicable to other departments.

In answer to the third question, it is held that the scheme is applicable to all daily waged employees working in any department of State of H.P.”

3. Accordingly, in view of the law laid down by the Hon’ble Supreme Court and Division Bench of this Court, the petitioner was required to be conferred with work charge status immediately after completion of 10 years’ service, i.e. 3.8.2002.

4. Consequently, the petition is allowed. Respondents are directed to consider the case of the petitioner for conferment of work charge status after the completion of 10 years’ service and thereafter to consider his case for regularization also, within a period of 10 weeks from today. Pending application(s), if any, also stands disposed of. There shall, however, be no order as to costs.

26.12.2012. *awasthi*

(Justice Rajiv Sharma), Judge.