MEHANDI DEVI Vs. STATE OF H. P.

JUDGEMENT

(1.) Late husband of petitioner Sh. Dhaju Ram was engaged on daily wage basis in Shri Renukaji Forest Division with effect from 1.1.1991 but subsequently, after completion of 8 years continuous service with 240 days in a calendar year, his services came to be regularized as Peon with effect from 31.7.2006 in the aforesaid Forest Division vide office order No. 111/2006-07 dated 1.12.2006 as per regularisation policy in vogue. Husband of the petitioner expired on 18.4.2010, whereafter petitioner filed CWP No. 3266 of 2012 titled as Smt. Mehandi Devi vs. State of HP and others, seeking therein directions to the respondents to grant work charge status to her late husband, from the date he had completed requisite years. Principal Chief Conservator of Forests vide office order No. 977/2012 dated 28.9.2012 granted work charge status to late husband of the petitioner with effect from 1.1.2001 in terms of directions issued by this Court in the aforesaid writ petition (Annexure R-1).

(2.) Though, in the case at hand, sum of Rs.47,275/- stands paid to the petitioner vide bill No. 26, dated 20.1.2014 on account of arrears of work charge status but since the petitioner has not been given full arrears and her request for grant of family pension has been denied, she has approached this Court in the instant proceedings, praying therein for following reliefs:

(3.) Having heard learned counsel for the parties and perused the pleadings adduced on record by respective parties, especially reply filed by respondents Nos. 1 to 4, this court finds that though there is no dispute inter se parties that late husband of the petitioner was engaged on daily wage basis in the Forest Department with effect from 1.1.1991 and his services were subsequently regularized against the post of Peon with effect from 31.7.2006. It is also not in dispute that pursuant to judgment dated 7.5.2012, passed by this Court in CWP No. 3266 of 2012, late husband of the petitioner was granted work charge status with effect from 1.1.2001. As per the reply filed on behalf of the respondents, though in terms of clarification received from the Government of Himachal Pradesh vide letter No. FFE-B-B(7)-28/2013 dated 6.3.2013, arrears on account of work charge status were to be restricted to 3 years prior to the date of filing of the writ petition but since husband of petitioner had expired on 18.4.2010, department calculated arrears for the period prior to three years from the date of death of the husband of petitioner. As per the respondents, sum of Rs.47,275/-stands paid to the petitioner on account of arrears and as such, there appears to be no force in the prayer made on behalf of the petitioner for issuance of directions to the respondents to pay arrears on account of conferment of work charge status in favour of late husband of the petitioner. Otherwise also, this Court finds that a sum of Rs. 47,275/- was paid to the petitioner vide Bill No. 26, dated 20.1.2014, Annexure R-3 and at that time, no objection, if any, ever came to be raised on behalf of the petitioner with regard to the amount calculated by the respondents on account of arrears.