Puran Chand vs State of H.P. and Others

Deepak Gupta, J.—The main relief claimed in this petition is that in terms of the judgment rendered in Mool Raj Upadhyaya Vs. State of H.P. and Others, the Petitioner was entitled to be regularized w.e.f. 1.1. 1999.

Admitted facts are that the Petitioner was engaged on daily wage basis and worked regularly for more than 240 days in a calendar year from the year 1990 onwards. The State along with its reply has filed the Monday Chart and this clearly shows that from the year 1990 onwards the Petitioner has completed more than 240 days in each year. Therefore he is entitled to the benefit of the scheme framed in Mool Raj Upadhyaya''s case and he should have been granted work charged status w.e.f. 1.1.2000 instead of 5.12.2002. However the Petitioner approached this Court only in the year 2007 and cannot be given benefit of back wages for this period and he shall be deemed to be a work charged employee w.e.f. 1.1.2000 for all other purposes. Petition is disposed of accordingly. No costs.