DINESH NANDAN Vs. STATE OF HP

JUDGEMENT

(1.) The petitioner has prayed for a direction to the respondents to give him work charged status w.e.f. 1.9.1999 as Electrician Grade-I with all consequential benefits such as salary, seniority etc.. It has also been prayed that respondents may be directed to regularize the services of the petitioner w.e.f. 1.1.1999 / 1.4.1999 on completion of nine years service by petitioner as Electrician Grade-I as per policy of the Government with all consequential benefits.

(2.) The further case of the petitioner is that he is Graduate having two years Electrician diploma (ITI). He was engaged as Electrician on 1.9.1989. Lateron the grading of Electricians was done and petitioner was every time given wages meant for Electrician Grade-I. The respondent No.5 in letter dated 13.10.1998 Annexure A-2 addressed to respondent No.4 has stated that petitioner was engaged in the year 1989 as Electrician Grade-I. The petitioner has completed 10 years of continuous service with 240 days in each calendar year and he is entitled to work charged status as Electrician Grade-I w.e.f. 1.9.1999 in accordance with the decision of the Supreme Court in Mool Raj Upadhyaya Vs. State of Himachal Pradesh, 1994 Supp. (2) SCC 316. The petitioner has been regularized as Electrician Grade-II vide office order dated 5.12.2002 Annexure A-3 which order deserves to be corrected/rectified by the order of the Court.

(3.) The respondents No.1 to 5 have filed the reply and contested the petition in which preliminary objection of estoppel has been taken. It has been pleaded that petitioner was offered appointment as work-charged Electrician by Superintending Engineer, IPH Circle, Nurpur vide letter dated 5.12.2003 (sic 5.12.2002) in terms of the Government policy, the petitioner accepted the offer and joined on 7.12.2002. Therefore, petitioner is estopped from claiming work charged status or regularization as Electrician Grade-I. On merits, it has been submitted that the petitioner has been regularized after completion of 8 years of continuous service with minimum of 240 in each calendar year as on 31.3.2000. The respondents have prayed for dismissal of the writ petition.