RAM PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with order dtd. 22/3/2017 (Annexure A-5) passed by the Principal Secretary (Horticulture) to the Government of Himachal Pradesh, whereby representation having been filed by the petitioner, praying therein to grant him work charge status and regularize his services from the date he completed eight years regular service from the date of his initial appointment in the year, 1999, came to be rejected, petitioner approached the HP State Administrative Tribunal by way of original application, which after its abolishment, now stands transferred to this Court for adjudication, praying therein for following main reliefs:

(2.) Precisely, the facts of the case, as emerge from the record are that the petitioner herein was initially appointed as daily waged Mechanical Fitter in the year, 1991 with respondent No.2. However, subsequently, respondent No.2-corporation became financially unviable and as such, entire staff of the corporation was absorbed in the different departments and boards. Vide order dtd. 29/5/2008, petitioner herein was absorbed in the Excise and Taxation department and was regularized against the vacant post of Chowkidar in the pay scale of Rs.2520.004140/- with initial start of Rs.2620.00 with immediate effect.

(3.) Being aggrieved and dissatisfied with regularization of the petitioner against the post of Chowkidar w.e.f. 29/5/2008, petitioner filed CWP No. 1899 of 2009, before this court, which came to be disposed of, vide judgment dtd. 18/5/2010 (A-3), wherein Division Bench of this court directed the respondent-State to consider the case of the petitioner in light of judgment rendered in CWP-T No. 4161 of 2008, titled Jagdish Chand and Ors v. State of HP and Anr, and further ordered that if the petitioner is found to be similarly situate to the case of Jagdish Chand (supra), he may be also given the same relief.