Kushal Singh vs State of Himachal Pradesh and Others

Kurian Joseph, C.J.—The Writ Petition is filed for the following relief:

i) That the action of the Respondents in denying the work charged status despite representations dated 25.6.2009 & 15.9.2009 vide Annexure P-3 & Annexure P-4, w.e.f. the date of completion 10 years of daily waged service with 240 days in each calendar year (from 1.1.1997) may kindly be quashed & declared illegal, arbitrary & unconstitutional.

ii) That the Respondents may be directed to give work charged status to the Petitioner from 1.1.1997 as given to other Patwari''s as in ground(g) and to other categories with all consequential benefits like seniority, pay fixation alongwith all arrears forthwith.

It is submitted by the learned Counsel for the Petitioner that the issue is covered by a decision of this Court reported in Latest HLJ 2008(1) HP 366, Gauri Dutt and Ors. v. State of H.P.. The Petitioner submits that the representations Annexure P-3 and P-4 are pending before Respondent No. 2. We direct Respondent No. 2 to look into the aforesaid representations and take appropriate decision in light of the judgment referred to above. The Petitioner shall produce before Respondent No. 2 a copy of this order alongwith copy of judgment referred to above and copy of the Writ Petition within two weeks from today and Respondent No. 2 shall take appropriate decision within another one month from the date of production of copy. The Writ Petition is disposed of.