Sh. Hukam Chand and Sh. Pyare Lal vs State of Himachal Pradesh

Justice Kurian Joseph, C.J.—The petitioners claim work charge status 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 versus State of H.P. and others. 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.

However, we make it clear that pending such action, the case of the petitioners shall be considered in the light of new policy on regularization against the available vacancies within two months from the date of production of a copy of this judgment along with a copy of the writ petition before the 2nd respondent/competent authority by the petitioner concerned. With these observation, the writ petitions is disposed of, so also the pending applications, if any.