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Chunni Lal vs State of H.P. and Another

High Court Of Himachal Pradesh · Decided on 25 August 2010 · Citation: (2010) 08 SHI CK 0131

HON’BLE JUDGES
Kurian Joseph, C.J · Kuldip Singh, J
CASE NUMBER
C.W.P. No. 5124 of 2010
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Judgment

6 paragraphs · 360 words

Kurian Joseph, C.J.—The writ petition has been filed with the following prayer:

That the respondents may kindly be directed to consider the case of the petitioner for conversion into daily waged Chowkidar after completion of 10 years of service on temporary basis as per instructions laid down by the Principal Secretary (Revenue) to the Government of Himachal Pradesh with all consequential benefits from the date of its accrue alongwith interest.

2.

According to the petitioner, the issue is covered by the judgment of this Court rendered in CWP No. 3021 of 2008, Narad Ram and Anr. v. State of H.P. and Anr. decided on 29th July, 2010. The text of the judgment reads as follows:

The issue raised in this case pertains to the claim made by the petitioners for conferment of daily waged status after completion of 10 years of service as part time workers. The policy of the State was issued in terms of circular dated 27th February, 2004. That apart, it is now settled by the decision of this Court, as affirmed by the Apex Court that such employees are granted the daily waged status after the decision of this Court in State of H.P. and Anr. v. Mehar Singh and Ors. CWP No. 281 of 2007 decided on 12th April, 2007. We are informed that the SLP against the said judgment has been dismissed by order dated 21st November, 2007. Therefore, the writ petition is disposed with a direction to the respondents to confer the daily waged status to the workers on completion of 10 years of part time service. It is made clear that in case the petitioners herein had completed 10 years of service as part time workers as on 31.12.2003, they shall be conferred the daily waged status w.e.f. 27th February, 2004, the date of policy xxxx.

3.

This writ petition is disposed of in terms of the judgment, extracted above. However, we make it clear that the petitioner shall be entitled to back wages as daily waged worker only from the date of filing this writ petition i.e. 18th August, 2010. The pending application(s), if any, also stands disposed of.

Copy Dasti.