KARAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petition has been filed on the following prayer: That the Respondents may be directed to regularize the services of the applicant from the date of his completion of 8 years of service with all consequential benefits including seniority and arrears with interest at the rate of 18% per annum.

(2.) IN reply, the Respondents have taken the following stand vide paras 5(a) and (b): (a) The contents of this para are wrong and denied. The applicant was engaged for carrying out the Farm operation works at Potato Development Station at Shilaroo since 13 -12 -1985 on daily wages as casual labourers on M/Roll by the Regional Potato Development Officer Shilaroo. The applicant never disclosed the facts of his qualification as well as date of birth being the need of work he was accommodated and engaged as casual labourer while the applicant intimated his age as 22 years in M/Roll in order to got full rate of labourer whereas the applicant completed the age of 16 years three months only as such he was only entitled to the rate of adolescent child. The applicant obtained full rate of labourer fraudulently. The applicant had also filed OA 950/92 whereby he had claimed the wages of Clerk which was ultimately dismissed as with drawn vide order dated 17.5.99 with liberty to file fresh application on the same cause of action was not allowed as is evident from the order passed on 17 -5 -99 copy there is annexed as Annexure R -2. The applicant left the job at his own interest since 11/92 for period of 7 years and 5 months thereafter the applicant again approach for work in the month of May, 1999 when he worked as daily paid labourer. The applicant again left the job for seven months. The reasons for the absence is best known to applicant. The question of performing the duties with sincerity and to the satisfaction of the superiors can be adjudged itself.

(3.) THESE instructions may kindly be brought to the notice of all concerned for strict compliance.