LAWS(HPH)-2012-3-386

SH. PALAS RAM, SON OF SH. PURAN CHAND, RESIDENT OF VILLAGE DANDAL, P.O. SAMRAHAN, TEHSIL AND DISTRICT MANDI, H.P. EX. BELDAR AGRICULTURE DEPARTMENT Vs. THE STATE OF H.P. THROUGH PRINCIPAL SECRETARY (AGRICULTURE) WITH HEADQUARTER AT SHIMLA, H.P.,

Decided On March 09, 2012
Sh. Palas Ram, Son Of Sh. Puran Chand, Resident Of Village Dandal, P.O. Samrahan, Tehsil And District Mandi, H.P. Ex. Beldar Agriculture Department Appellant
V/S
The State Of H.P. Through Principal Secretary (Agriculture) With Headquarter At Shimla, H.P., Respondents

JUDGEMENT

(1.) THE petitioner claims the benefit of the decision of the Supreme Court in Mool Raj Upadhyaya vs. State of H.P. : 1994 Supp. (2) SCC 316 and claim work charge status on completion of ten years of daily waged service with 240 days per year. In any case, as rightly pointed out by the learned Deputy Advocate General, there cannot be work charge status prior to 1.1.1994. The claim for regularization will be considered only subject to the availability of vacancies. All these aspects, the petitioner prays, he may be permitted to bring to the notice of the third respondent. It is open to him to do so. In the event of the petitioner filing appropriate representation furnishing his service particulars, the matter will be considered and appropriate action will be taken in accordance with law within four months from the date of production of a copy of this judgment along with the representation by the petitioner before the third respondent. The writ petition is disposed of so also the pending application(s), is any.