LAWS(HPH)-2011-10-8

STATE OF HIMACHAL PRADESH Vs. CHARAN SINGH

Decided On October 21, 2011
STATE OF HIMACHAL PRADESH Appellant
V/S
CHARAN SINGH Respondents

JUDGEMENT

(1.) Heard. The delay in filing the appeals is condoned. The applications stand disposed of.

(2.) The writ petitioners seem to have approached the Tribunal only in the year 2006. From their own record, Annexure A-3, it is seen that the writ petitioners are engaged in the kitchen only as follows: <FRM>JUDGEMENT_744_TLHPH0_2011_1.html</FRM>

(3.) In the above circumstances, the appeals are partly allowed, holding that the writ petitioners (private respondents herein) would be entitled to the scale attached to the post of cooks, so long as they are working in the kitchen of IGMC and are not replaced by regular cooks w.e.f. 1.1.2003, three years prior to the filing of the OA, in the case of all the writ petitioners except Shri Prem Lal, whose entitlement shall be only from the date of the filing of the OA in the 2006, since even according to Annexure A-3, he is only engaged in the year 2006.