LAWS(HPH)-2012-1-178

SH. CHAMAROO RAM S/O LATE SHRI JINDU RAM R/O VILLAGE SAMLUHI, P.O. JAROL, TEHSIL SUNDER NAGAR, DISTRICT MANDI, H.P. Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY (HORTICULTURE) TO THE GOVT. OF HIMACHAL PRADESH, SHIMLA. H.P.,

Decided On January 06, 2012
Sh. Chamaroo Ram S/O Late Shri Jindu Ram R/O Village Samluhi, P.O. Jarol, Tehsil Sunder Nagar, District Mandi, H.P. Appellant
V/S
State Of Himachal Pradesh Through Secretary (Horticulture) To The Govt. Of Himachal Pradesh, 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 claims 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 of 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 second respondent. It is open to him to do so. In the event of the petitioner filing an 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 alongwith the representation by the petitioner before the second respondent.

(2.) THE writ petition is disposed of, so also the pending applications, if any.