KANWAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was engaged as Beldar with effect from 1.2.1979 to 30.6.1985. Thereafter, his designation was changed with effect from 1.7.1985 to 1.9.1985 as mason. He was designated as Painter with effect from 1.10.1985 to 6.12.1994. However, he was conferred work charge status as Beldar with effect from 1.1.1994. He assailed this decision by filing O.A. No. 27/1996 before the erstwhile Himachal Pradesh Administrative Tribunal. Petitioner has made a specific averment that one Ramesh 1 Whether reporters of the local papers may be allowed to see the judgment? Yes Chand, who was junior to him, has been designated as Painter. Respondent-State on the basis of averment contained in this petition had withdrawn order dated 7.12.1994 whereby Ramesh Chand was regularized as Painter. This order was passed by the respondent-State on 20.4.1996. Ramesh Chand assailed this decision by way of O.A. No. 573 of 1996 before the Tribunal. The same was allowed by the Tribunal vide judgment dated 21.10.2003. Thereafter, the State Government has not sought judicial review of the judgment dated 21.10.2003. In other words, judgment dated 21.10.2003 has attained the finality. The original application preferred by the petitioner was transferred to this Court and was assigned CWP (T) 2960/2008. The same was disposed of by this Court vide judgment dated 23.12.2008 on the basis of judgment passed in O.A. No. 573/1996. Petitioner was permitted to make a representation. He made a representation to the Secretary (PW) on 2.4.2009, but till date the same has not been decided.

(2.) Mr. Tarlok Chauhan has strenuously argued that the petitioner was senior to Ramesh Chand as Painter. According to him, once Ramesh Chand has been conferred with work charge status as Painter, the same status was required to be conferred upon the petitioner with effect from 1.1.1994.

(3.) Mr. R.P. Singh has vehemently argued that since the petitioner had already accepted the work charge status as Beldar, he is estopped from seeking work charge status with effect from 1.1.1994 in the category of Painter.