STATE OF HIMACHAL PRADESH Vs. PURAN

JUDGEMENT

(1.) State has filed this Letters Patent Appeal against the judgment dated 15.7.2009 passed by the learned Single Judge in CWP (T) No. 3723/2008.

(2.) Material facts necessary for the adjudication of this Letters Patent Appeal are that the respondent (hereinafter referred to as 'the workman' for convenience sake) was engaged as Beldar/Helper/Chowkidar, all Class-IV posts, in various spells from 1978 to 1987. Thereafter he started discharging the duties of Air Compressor Operator. He continuously worked in this capacity till January, 1992. He was conferred work charge status of Beldar on 29.1.1992. He preferred OA (D) No. 451/1995 before the erstwhile Himachal Pradesh Administrative Tribunal. The Tribunal was pleased to direct to treat the original application as representation to the Engineer-in-Chief. He rejected the same on 24.6.1996. Petitioner filed OA(D) No. 329/1996, which was converted to CWP (T) No. 3723/2008. The contention of the workman before the learned Single Judge in CWP (T) No. 3723/2008 was that his case is required to be considered in view of the law laid down by this Court in Gauri Dutt and Ors. v. State of H. P. Latest , 2008 HP 366. The learned Single Judge disposed of the writ petition on 15.7.2009. Operative portion of judgment dated 15.7.2009 reads thus: