DISTRICT CHAMBA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition initially was preferred before the erstwhile Administrative Tribunal which on its abolition stand transferred to this Court for disposal in accordance with law. The petitioners have claimed the following relief: -

(2.) THE respondents in reply to the petition have taken a stand that the applicants are working on daily wage basis under Trehta Range of Bharmour Forest Division since 1995 in the capacity of casual labourers, however, not against any specific posts or any permanent posts. In fact, they are being engaged as casual labourers from time to time for doing seasonal work such as raising of seedling and plantations during mansoon and winter season. The Range Officer had informed the petitioner on 1.11.2002 that there was no work available for them and that they would be called as and when the work is available for them. When the funds were made available in the month of February 2003, they were called and re -engaged on plantation work. The man -days chart Annexure -A in respect of both the applicants are also annexed to the reply, besides Annexure B -I and B -II. The orders issued by 3rd respondent to Shri Ashwani Kumar, Forest Guard, Chanhail Beat have also been filed along with the reply to substantiate the above stand taken by the respondents.

(3.) THE respondents in sur -rejoinder have denied the same being wrong and annexed Annexure C -I to C -IV, the man -days Charts to show the work provided to petitioner No. 1 as well as other casual labourers during the year 2003 to 2007.