Himachal Pradesh High Court
CWP/11595/2011 of HARBANS LAL Vs STATE on 29 December 2011
COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 11595 of 2011-J Decided on: 29th December, 2011. Harbans Lal son of Shri Dulo Ram, resident of village Bhadwal, post office Mataur, tehsil Dharmshala, District Kangra, HP, at present working as Beldar at Kachhiari under S.D.S.C.O Dehra, district Kangra,
IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA.
CWP No. 11595 of 2011-J
Decided on: 29[th] December, 2011.
Harbans Lal son of Shri Dulo Ram, resident of village Bhadwal, post office Mataur, tehsil Dharmshala, District Kangra, HP, at present working as Beldar at Kachhiari under S.D.S.C.O Dehra, district Kangra, H.P.
Versus
…Petitioner.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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, North Zone, Dharmshala, District Kangra, Himachal Pradesh. Kangra, Himachal Pradesh.
…Respondents.
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Dev Darshan Sud, Judge.
For the petitioner : Mr. Sanjay Jaswal, Advocate.
For the Respondents :
Mr. R.K. Bawa, AG with Mr. J.K. Verma, Dy. AG.
------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral)
The petitioner claims the benefit of the decision of the Supreme Court in Mool Raj Upadhyaya vs. State of H.P., 1994 Supp. (2) SCC 316 and claim work charge status on completion of ten years of daily waged service with 240 days per year. In any case, as rightly pointed out by the learned Deputy Advocate General, there cannot be work charge status prior to 1.1.1994. The claim for regularization will be considered only subject to the availability of vacancies. All these aspects, the petitioner pray, he may be permitted to bring to the notice of the second respondent. It is open to him to do so. In the event of the petitioner filing appropriate representation furnishing his service particulars, the matter will be considered and appropriate action will be taken in accordance with law within four months from the date of production of a copy of this judgment along with the representation by the petitioner before the second respondent.
2. The writ petition is disposed of, so also the pending applications, if any.
(Justice Kurian Joseph), Chief Justice
29[th] December, 2011. (kck)
(Justice Dev Darshan Sud), Judge.