LAWS(HPH)-2010-1-64

STATE OF H P Vs. BALDEV SINGH

Decided On January 06, 2010
STATE OF HIMACHAL PRADESH Appellant
V/S
BALDEV SINGH Respondents

JUDGEMENT

(1.) This writ petition by the State is directed against the order of the H.P State Administrative Tribunal whereby the Original Application filed by the respondent herein has been allowed and the State has been directed to grant work charge status to the applicant in the higher post by combining the service rendered by the applicant in different categories and counting the service rendered in all these posts.

(2.) We had dealt with the questions which arise in this petition in Gauri Dutt and others versus State of H.P., Latest HLJ 2008(1) HP 366, wherein we had decided a number of questions of law. Questions No. 1, 2 and 4 are relevant for our purpose and read as follows:-

(3.) We had answered question No.1 by holding that the Scheme approved in Mool Raj Upadhaya's case is applicable only to those employees who had completed at least one year of continuous service as on 31.12.1993. We had answered the second question by observing that the employees who had not completed one year as on 31.12.1993 or had joined thereafter were covered by other schemes framed by the State Government in this behalf after Mool Raj Upadhaya's case.