ABHIYA RAM Vs. STATE OF H P

JUDGEMENT

(1.) Heard. The present Letters Patent Appeal (LPA) has been preferred by the appellant/writ petitioner against the judgment dated 17 th March, 2012, passed in CWP No.872 of 2009-B. The appellant has filed the writ petition with the following main prayer:-

(2.) The appellant was appointed as Helper in the year 1991 in the department of HPPWD, State of Himachal Pradesh and had worked as such up to the year 1993 and while serving in the tribal area in the year 1991 he had rendered service of 221 days and for more than 240 days in the years 1992 and 1993. From the year 1994, the appellant had worked on promotional post of Air Compressor Operator, had continued to work as such till 24.10.2006 and has rendered service for more than 240 days in each calendar year.

(3.) Taking into consideration the pleadings and claims of the appellant/writ petitioner, as well as the rival contentions and response of the state, learned Single Judge has arrived at the finding that the case of the appellant be considered for regularization as Air Compressor Operator w.e.f. February, 1994 in the light of the observations made by the Hon'ble Supreme Court in Mool Raj Upadhaya vs. State of H.P. & another, 1994 Supp2 SCC 316.