Sant Ram vs State of H.P. and Others

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

i) To partly quash the orders dated 15.3.2008 passed by Respondent No. 2 (Annexure P-3) to the extent of counting of eight years service which comes to 1.6.2005 in stead of 31-3-2006 taking the service from 2-6-1997, in the light of the order of Hon''ble High Court dated 11.8.2005 in CWP No. 1356/2001.

ii) To direct the respondents to regularize the services of the petitioner w.e.f. 2-6-2005, when he completes eight years continuous service on daily wages basis and not w.e.f. 15-3-2008 with all consequential benefits flowing therefrom including arrears with interest at the rate of 12% per annum.

In the reply, at paragraph 2, it is stated as follows:

That in this behalf, it is respectfully submitted that the case of the petitioner has been reviewed by the Screening Committee vis-r-vis the relief so claimed by the petitioner in the light of orders passed by this Hon''ble High Court dated 11.8.2005 in CWP No. 1356/2001 so passed by this Hon''ble Court earlier and found that the claim of petitioner is legally sustainable. Accordingly, the Screening Committee has found that the petitioner has completed his eight years of service on daily waged basis as on 31/3/2006 i.e. w.e.f. 2/6/1997 to 1/6/2005. As per regularization framed by the respondent State the cut off date has been fixed 8 years of service as on 31/3/2006. Hence, the petitioner has been found to be covered under the said regularization policy accordingly the earlier order so issued vide Annexure P-3 of regularization w.e.f. 15.3.2008 has been reviewed and fresh orders of regularization w.e.f. 2.6.2005 has been passed on the basis of which the petitioner has also been granted the benefit of regularization with effect from 1/4/2006. As such the claimed relief i.e. requisite monitory benefits as admissible to the petitioner in shape of arrear of pay w.e.f. 01/04/2006 to 1/4/2010 amounting to Rs. 8275/-only for daily waged period and Rs. 7562/- for difference of work Charge period i.e. total Rs. 8275 + 7562 = Rs. 90,312/- has been paid to him in cash vide Acquaintance Roll/Bill No. 664 & 665 dated 27.3.2010 which has also been received by him on 26.4.2010, the copy of same are annexed herewith as Annexure R-1 and R-2 respectively.

Learned Counsel for the petitioner submits that since the claim has been considered to be given w.e.f. 2.6.2005, instead of April, 2006, the benefits should have been granted w.e.f. June, 2005. There will be direction to the Superintending Engineer to look into this matter and take appropriate action to correct the apparent mistake. Needful, as above, shall be done within a period of two months from the date of production of the copy of this judgment, by the petitioner.

The Writ Petition is disposed of, so also the pending application(s), if any.