LAWS(HPH)-2010-9-197

HOSHIYAR SINGH Vs. STATE OF HP

Decided On September 21, 2010
HOSHIYAR SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The only dispute in this case is as to from which date the petitioner should have been granted work charge status / regularized as clerk.

(2.) Even, according to the respondents, the petitioner was engaged as Clerk on daily wage basis w.e.f. 27.2.1987. Therefore, he completed ten years of service on 27.2.1997 and was required to be granted the work charge status either from 27.2.1997 or say 1st March, 1997. The petitioner has in fact been regularized w.e.f. 24th April, 1998. The stand of the respondents is that at the relevant time, it was not certain whether the scheme of 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. regularization as approved by the Apex Court in Mool Raj Upadhyaya versus State of H.P., 1992 Supp. (2) SCC 316, was applicable to the Rural Development Department.

(3.) This Court in Gauri Dutt & others versus State of H.P., Latest HLJ 2008 (1) 366, has held that the scheme applies to all the employees of the State posted in any department who had completed ten years of continuous service.