Tindu Ram vs State of H.P. and Others

Deepak Gupta, J.—By means of this petition the Petitioner has prayed that he be granted work charged status on completion of 10 years uninterrupted service in terms of the judgment rendered in Mool Raj Upadhyaya Vs. State of H.P. and Others,

The stand of the Respondents is that the Petitioner is not governed by the judgment rendered in Mool Raj Upadhyaya v. State of H.P. and Ors. (supra), but by the subsequent policy of the State Government issued in the year 2000 and unless there is a vacancy the Petitioner cannot be regularized or granted work charged status. There is no merit in the contention of the State since this question has been decided against the State by the Apex Court in State of H.P. v. Gehar Singh, Latest HLJ 2006 SC 363 and by this Court in Gauri Dutt and Ors. v. State of H.P. 2008 (I) LLJ 366 , wherein it has been specifically held that an employee who had completed 240 days in any year prior to 1994 is entitled to the benefit granted in Mool Raj Upadhyaya v. State of H.P. and Ors. (supra).

The mandays chart of the Petitioner has been enclosed by the Respondents which show that from the year 1991 onwards the Petitioner has been working for more than 240 days every year. Therefore, he has completed 10 years of service on 31.12.2000 and is entitled to be granted work charged status w.e.f. 1.1.2001.

The petition is allowed in the aforesaid terms and the Respondents are directed to grant work charged status with all consequential benefits to the Petitioner w.e.f. 1.1.2001. Monetary benefits due and payable to the Petitioner shall be deposited along with interest @ 6% per annum on or before 31.5.2011 failing which the State shall be liable to pay interest @ 12% per annum. The petition is disposed of accordingly.