Chamel Singh vs State of Himachal Pradesh

Surjit Singh

Heard and gone through the record.

Petitioner, who has been working as Beldar on daily wage basis with the respondents since 1994, having worked for more than 240 days in each calendar year, seeks grant of work charge status, on completion of 10 years service. His service has been regularized from 2006. His prayer in the present petition is that a direction may be given to the respondents to grant him work charge status also, on completion of 10 years service, with 240 days in each calendar year, which he completed on 31.12.2003.

It is not in dispute that petitioner completed 10 years service as daily wage worker, with more than 240 days in each calendar year on 31.12.2003, as is made out from man-days chart, copy Annexure R-3, relied upon by the respondents themselves. Thus, the case of the petitioner is covered by a judgment of Hon''ble Supreme Court in Mool Raj Upadhyaya Vs. State of H.P. and Others, , paragraph 4(1) of which reads as follows:

4(1) Daily-wage/muster roll workers, whether skilled or unskilled, who have completed 10 years or more of continuous service with a minimum of 240 days in a calendar year on 31.12.1993, shall be appointed as work-charged employees with effect from 1.1.1994 and shall be put in the timescale of pay applicable to the corresponding lowest grade in the Government.

Consequently, writ petition is allowed and it is ordered that the petitioner be granted work charge status w.e.f. 1.1.2004, as he had completed 10 years service with 240 days in each calendar year on 31.12.2003.

Petition stands disposed of.