Rajesh Kumar and Others vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petitions are filed with the following prayers:

(i) That the Petitioners may be ordered to be granted work charge status from the date they completed 8 years of service with all the benefits incidental thereof such as full back wages, seniority and pay fixation etc.

The Petitioners claim work charge status/regularization/consequential benefits on completion of eight years of continuous service as daily waged worker. According to the Petitioners, the issue is covered in their favour by the judgment of this Court rendered in CWP No. 2735 of 2010 titled Rakesh Kumar v. State of H.P. and Ors..

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(s) 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.

It is for the Respondents to examine the matter. We are informed that the State has filed an appeal against the above mentioned decision. Therefore, it is made clear that the implementation of the judgment referred to above would depend on the outcome of the decision of the Apex Court. The needful action, after verifying the facts will be taken within a period of two months from the date of the judgment of the Apex Court.

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