Himachal Pradesh High Court

CWP/11586/2011 of VEER SINGH Vs STATE on 29 December 2011

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COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 11586 of 2011-I Decided on: 29th December, 2011. 1. Veer Singh, S/o late Sh. Sisru Ram, R/o Village Anu, P.O. Kareri, Tehsil Rampur, district Shimla, H.P., presently working as Chowkidar in IPH Section Deothi, Sub Division Taklech, Division Rampur,

IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA.

CWP No. 11586 of 2011-I

Decided on: 29[th] December, 2011.

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1. Veer Singh, S/o late Sh. Sisru Ram, R/o Village Anu, P.O. Kareri, Tehsil Rampur, district Shimla, H.P., presently working as Chowkidar in IPH Section Deothi, Sub Division Taklech, Division Rampur, District Shimla, H.P. Tehsil Rampur, district Shimla, H.P., presently working as Chowkidar in IPH Section Deothi, Sub Division Taklech, Division Rampur, District Shimla, H.P.

2. Kalma Nand, S/o Sh. Sivu Ram, resident of village Soom, P.O. Deothi, Tehsil Rampur, District Shimla, H.P., presently working as Beldar in IPH Section Deothi, Sub Division Taklech, Division Rampur, District Shimla, H.P. Deothi, Tehsil Rampur, District Shimla, H.P., presently working as Beldar in IPH Section Deothi, Sub Division Taklech, Division Rampur, District Shimla, H.P.

3. Brestu Ram, S/o Sh. Narain Dass, R/o Village Rahnu, P.O. Kareri, Tehsil Rampur, District Shimla, H.P., presently working as Beldar in IPH Section Deothi, Sub Division Taklech, Division Rampur, District Shimla, H.P. Tehsil Rampur, District Shimla, H.P., presently working as Beldar in IPH Section Deothi, Sub Division Taklech, Division Rampur, District Shimla, H.P.

4. Dharamjeet, S/o Sh. Singi Ram, R/o Village Kuhal, P.O. Deothi, Tehsil Rampur, District Shimla, H.P., presently working as Beldar in IPH Section Deothi, Sub Division Taklech, Disivion Rampur, District Shimla, H.P. Tehsil Rampur, District Shimla, H.P., presently working as Beldar in IPH Section Deothi, Sub Division Taklech, Disivion Rampur, District Shimla, H.P.

Versus

…Petitioners.

1. State of H.P. through Secretary ( IPH) to the Government of Himachal Pradesh, Shimla-171 002. Himachal Pradesh, Shimla-171 002.

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 petitioners : 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 petitioners claim work charge status on completion of eight years of continuous service as daily waged worker. According to the petitioners, the issue is covered in their favour by the judgment of this Court rendered in CWP No.2735 of 2010 titled Rakesh Kumarversus 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 petitioners 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) (kck)

(Justice Dev Darshan Sud), Judge. Judge.

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