Himachal Pradesh High Court
CWP/11584/2011 of RAM DASS Vs STATE on 29 December 2011
COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 11584 of 2011-I Decided on: 29th December, 2011. Ram Dass son of late Shri Thimku Ram, resident of Village & Post Office Kareri, Tehsil Rampur, District Shimla, H.P., presently working as Beldar in Sub Division, I&PH Department, Sarahan,
IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA.
CWP No. 11584 of 2011-I
Decided on: 29[th] December, 2011.
Ram Dass son of late Shri Thimku Ram, resident of Village & Post Office Kareri, Tehsil Rampur, District Shimla, H.P., presently working as Beldar in Sub Division, I&PH Department, Sarahan, Bushahr, District Shimla, H.P.
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…Petitioner.
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1. State of H.P. through Secretary ( Irrigation & Public Health) to the Government of Himachal Pradesh, Shimla-2. Government of Himachal Pradesh, Shimla-2.
2. Engineer-in-Chief, IPH Department, U.S. club, Shimla-171001, H.P. H.P.
3. Superintending Engineer, I&PH Circle, Reckong Peo, Division Rampur Bushahr, District Shimla, H.P. Rampur Bushahr, District Shimla, H.P.
…Respondents.
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Dev Darshan Sud, Judge.
For the petitioner : Mr. Daleep Singh Kaith, 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 work charge status on completion of eight years of continuous service as daily waged worker. According to the petitioner, the issue is covered in his favour by the judgment of this Court rendered in CWP No.2735 of 2010 titled Rakesh Kumar versus State of H.P. and others.
2. It is for the respondents to examine the matter. We are informed that the State has filed an appeal against the above mentioned decision. Therefore, it is made clear that the implementation of the judgment referred to above would depend on the outcome of the decision of the Apex Court. The needful action, after verifying the facts will be taken within a period of two months from the date of the judgment of the Apex Court. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the 2[nd] respondent/competent authority.
3. With these observations, 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.