LAWS(HPH)-2012-1-143

SHRI BALAK RAMKSON OF LTE JALAM RAM, RESIDENT OF VILLAGE MARIDHAR, P.O PANGNA, TEHSIL KARSOG, DISTT. MANDI, H.P. Vs. SHRI P.K. BAIDYA, PRESENTLY WORKING AS EXECUTIVE ENGINEER IN I & PH DIVISION KARSOG, DISTT. MANDI, H.P.,

Decided On January 09, 2012
Shri Balak Ramkson Of Lte Jalam Ram, Resident Of Village Maridhar, P.O Pangna, Tehsil Karsog, Distt. Mandi, H.P. Appellant
V/S
Shri P.K. Baidya, Presently Working As Executive Engineer In I And Ph Division Karsog, Distt. Mandi, H.P., Respondents

JUDGEMENT

(1.) PETITIONER approached this Court with the grievance that the judgment dated 26.2.2011 has not been complied with in proper spirit. The petitioner is one, who claimed that he had been continuous in service w.e.f. 1.3.1999. Therefore, according to him, he should have been regularized in service prior to 10.5.2001 and continued upto 60 years. There were a lot of disputes with regard to 240 days in the year 1993. Thanks to the strenuous efforts taken by Mr. M.S. Thakur, Executive Engineer and the officers under him, it has now come out that the petitioner has in fact completed 240 days in the year 1993 and continued thereafter. It is seen from the records that the petitioner had been given regular appointment w.e.f. 23.7.2007, but no orders have been passed for conferment of work charged status on completion of 10 years continuous service. Since the petitioner has completed 240 days with 10 years ' continuous service, he is entitled for conferment of work charge status, as on 1.1.2003.

(2.) THE petitioner shall be conferred work charged status w.e.f. 1.1.2003. In case any person who has been conferred work charged status after 1.1.2003 and given regular appointment prior to 2007 in the Division, the petitioner shall be given regular appointment with effect from that date. The entire benefits flowing out from the work charged status w.e.f. 1.1.2003 and retrospective regularization, if any, shall be paid to the petitioner within a period of two months from today. Shri M.S. Thakur, Executive Engineer undertakes to do that exercise. The petitioner shall be entitled to costs in these proceedings to the tune of Rs. 3,000/ -, which shall be paid by respondents No. 1 to 3 in equal share. Subject to the above, the contempt petition is dismissed. Rule discharged.