Jawahar Lal vs State of Himachal Pradesh and Another

Kurian Joseph, C.J.—The Writ Petition is filed with the following prayer:

It is therefore humbly prayed that the Respondents may kindly be commanded by appropriate writ, order or direction to give appointment on daily wages to the Petitioner from the date since when he completed ten years of service in consonance with their letter dated 27.2.2004 (Annexure P-2) and the orders of the Hon''ble H.P. Administrative Tribunal in OA No. 824/2002 as affirmed by this Hon''ble Court and the Hon''ble Apex Court with all consequential benefits such as arrears of wages etc. in the interests of justice.

It is submitted that the issue is covered in favour of the Petitioner by the judgment of this Court in CWP No. 281 of 2007, State of Himachal Pradesh and Anr. v. Mehar Singh and Ors. CWP No. 281 of 2007 (Annexure P-4). It is submitted that the said judgment has become final and the same has been implemented vide Annexure P-5 order passed by the Deputy Commissioner. It is also submitted that the Petitioner is also entitled to get similar treatment, being covered by Annexure P-2. In case the Petitioner is similarly situated as the Petitioners covered by the judgment in CWP No. 281 of 2007, the Petitioner cannot be discriminated. Therefore, this Writ Petition is disposed of directing the Respondents to look into the grievance of the Petitioner and take appropriate action in the case of the Petitioner also, in light of Annxure P-2, Scheme and disburse consequential benefits, if any, within a period of two months from the date of production of a copy of this judgment alongwith copy of the Writ Petition.

Dasti copy on usual terms.