RAJENDER PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition, petitioner has prayed for following main relief(s):

(2.) Precisely the facts of the case as emerge from the record are that petitioner was engaged as a Beldar, on daily wage basis in the respondent-department on 7.10.1994. He admittedly continued to work against this post uninterruptedly for more than 10 years, but his services came to be regularized as Baildar vide Office Order No. 2- 8/79-Udyan-1 dated 17.2.2009, in terms of the policy of regularization framed by the Government of Himachal Pradesh. Since, respondents failed to confer the work charge status upon the petitioner, after completion of his 8 years regular service, he approached this Court by way of filing CWP No. 5185 of 2013, which came to be disposed of vide judgment dated 24.7.2013, whereby, this Court while reserving liberty to the petitioner to file representation before the Department, directed the respondents to consider the same in accordance with law. Since, representation filed before the respondents in terms of the aforesaid judgment rendered by this Court in CWP No. 5185 of 2013, came to be rejected vide order dated 5.8.2015, passed by Director of Horticulture, H.P., petitioner was compelled to approach erstwhile H.P. State Administrative Tribunal by way of filing O.A. No. 3644 of 2015, which now stands transferred to this Court and reregistered as CWPOA No.5825 of 2019, praying therein for the relief(s) as reproduced herein above.

(3.) Having heard the learned counsel representing the parties and perused the reply filed on behalf of the respondents, this Court finds that order impugned in the instant proceedings is not sustainable and as such, deserves to be quashed and set aside. Prayer of the petitioner for grant of work charge status has been rejected on the ground that since no work charge establishment exists in the department, the case of the petitioner cannot be considered on the anology of Rakesh Kumar's case.