Hari Bahadur and Another vs State of H.P. and Others

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

(i) That Respondents may be ordered to grant work charge status to the Petitioners from the due date in terms of Mool Raj Upadhyaya v. State of H.P. and Phool Maya v. State of H.P. w.e.f. the dates the Petitioners completed 10 years of service with all the benefits incidental thereof such as full back wages, seniority and pay fixation etc.

It is submitted by the learned Counsel for the Petitioners that the case is squarely covered by the decision of the Apex Court in Mool Raj Upadhyaya Vs. State of H.P. and Others, and the decision of this Court in Phool Maya v. State of H.P. and Ors. CWP (T) No. 10220 of 2008.

Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. Petitioners submit that they would file appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for them to do so. Thereafter, the matter will be duly considered by the second Respondent in the light of the judgments, referred to above and appropriate action in accordance with law will be taken within another four months from the date of receipt of the representation(s) along with a copy of this judgment and the copies of the judgments, referred to above by the Petitioner concerned.

The writ petition is disposed of, so also the pending applications, if any.