NANAK CHAND Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner has prayed for directions to respondents to regularise the services of the petitioner with effect from the date the petitioner had completed 8 years of regular service with 240 days in every calendar year and calculate the pay and arrears from the said date onwards alongwith interest at the rate of 12% per annum and superannuate the petitioner accordingly. It has also been prayed that the respondents may be directed to grant benefit of daily wage services rendered by the petitioner for purposes of grant of pension.

(2.) THE brief facts of the case are that according to petitioner he was engaged in the year 1978 as Beldar and then as Mate. THE petitioner continued as such without any break. THE petitioner completed 8 years uninterrupted service in the year 1986. He completed 240 days in each calendar year, therefore, petitioner ought to have been made work charge as per the policy of the Government and directions of the Apex Court. THE petitioner was made work charged vide letter dated 27.2.1998 w.e.f. 1.1.1995. THE petitioner being almost illiterate accepted the order and served the respondents. THE petitioner represented to the respondents for giving him benefit of prior service and for regularisation of his service from earlier date. On 19.3.1998 the petitioner superannuated without giving him retiral benefits. THErefore, the petitioner has filed the petition for the reliefs noticed above.

(3.) I have heard the learned counsel for the parties. The grievance of the petitioner is two folds (i) regularisation after 8 years of service from 1978 (ii) counting of service rendered by the petitioner on daily wage for the purpose of pension etc. In so far as the regularisation of the petitioner after 8 years of service from 1978 is concerned, the petitioner has not made out any case for this claim. The office order dated 27.2.1998 indicates that the petitioner was appointed Chowkidar w.e.f. 1.1.1995 instead of 1.1.1996. The petitioner was superannuated vide office order dated 19.3.1998 w.e.f. 31.3.1998 on attaining 60 years age of superannuation.