SHANKAR DASS Vs. HPUDA

JUDGEMENT

(1.) THE petitioner was engaged as daily waged Beldar in the erstwhile Shimla Development Authority, which was later merged with H.P.Housing Board and now known as HIMUDA on 3rd December, 1990. He was later engaged and assigned duty of Motor Mate/Work Inspector from January, 1991. THE petitioner claimed that he had to be granted work charge status in view of the judgement rendered in Mool Raj Upadhyaya vs. State of H.P. and others, 1994 Supp(2) SCC 316 since he had completed more than 240 days for 10 years. THE stand of the respondents is that the petitioner did not fulfill the requisite qualifications for being appointed as Work Inspector and therefore, approval had to be sought from the Government to grant relaxation in the technical qualifications. This relaxation was granted on 2.08.2007 and the petitioner was granted work charge status w.e.f that date and has been brought on the regular establishment w.e.f. 9.4.2010.

(2.) AT the outset, it may be stated that the agreement entered into by the State before the Supreme Court in Mool Raj Upadhyaya's case supra will not bind other independent Corporations or Societies even if they are owned and controlled by the Government unless such societies have specifically themselves framed a policy in this regard or adopted the policy of the State Government. Even otherwise, the petitioner did not fulfill the technical qualifications and relaxation had to be given. After relaxation was granted the petitioner was immediately granted work charge status and has in fact now been brought on the regular establishment. Therefore, the petitioner cannot now claim that he should have been granted work charge status from an earlier date. It is only after relaxation was granted in his favour that such work charge status could have been granted. Therefore, the petition is rejected. No order as to costs.