FEEMO DEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, petitioner has prayed for the following relief:-

(2.) Brief facts necessary for the adjudication of the present petition are that the petitioner was initially engaged as helper on daily wage basis with respondent No.2- department in the year 1991. Though in the said year he was not permitted to complete 240 days, but thereafter, from the year 1992 onwards, he continued to perform his duty by putting more than 240 days in each calendar year. According to the petitioner, rather than regularizing his services, his services were transferred on secondment basis to respondent No.3, against the post of Peon, vide order dated 14.05.2007. Petitioner joined the new department. It is further the case of the petitioner that regularization/work charge status was conferred upon the petitioner w.e.f. 2004, whereas he was entitled for it from the year 2002.

(3.) In these circumstances, petitioner filed a writ petition before this Court i.e. CWP No.10864 of 2011, which was allowed by this Court vide judgment dated 14.08.2012, in terms whereof, it was ordered by this Court that petitioner was entitled for being conferred work charge status w.e.f. 01.01.2002 instead of 01.01.2004. It was further ordered by the Court that consequential action be taken in this regard within a period of three months as from the date of passing of the judgment of this Court. It is not in dispute that this judgment passed by the Court stands implemented and petitioner was conferred work charge status w.e.f. 01.01.2002. Thereafter, his services have also been regularized w.e.f. 01.10.2007. Copy of Order dated 01.10.2007 is appended with the petition as Annexure P-1.