CourtKutchehry.com
High CourtsSingle Bench

Suresh Kumar vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 11 April 2011 · Citation: (2011) 04 SHI CK 0011

HON’BLE JUDGES
Deepak Gupta, J
CASE NUMBER
CWP (T) No. 16062 of 2008
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 190 words

Deepak Gupta, J.—By means of this petition, the Petitioner has claimed that he should be granted work charge status on completion of 10 years service in accordance with the scheme approved by the Apex Court in Mool Raj Upadhyaya v. State of H.P and Ors. 1994 Suppl (2) SCC 316.

2.

This Court in Gauri Dutt and Ors. v. State of H.P Latest HJL 2008 (HP) 366 clearly held that the benefit of the scheme approved in Mool Raj Upadhyaya''s case is not available to those daily waged employees who had not completed 240 days of service prior to 31.12.1993.

3.

The Respondents have filed the mandays chart of the Petitioner and as per this chart, the Petitioner has not completed 240 days of service in any calendar year prior to 31.12.1993. Therefore, the Petitioner is not entitled to the benefit of this scheme.

4.

However, the case of the Petitioner for grant of work charge status/regularization shall be considered in accordance with the subsequent scheme(s) framed by the State Government from time to time.

5.

The petition is disposed of in the aforesaid terms. No order as to costs.