LAWS(HPH)-2012-11-70

SH. RAM PARKASH SON OF SH. SANT RAM, RESIDENT OF VILLAGE KATHLA, PO SWARGHAT, TEHSIL SRI NAINA DEVI JI, DISTT. BILASPUR, H.P. AND ORS. Vs. THE STATE OF HIMACHAL PRADESH THROUGH THE PRINCIPAL SECRETARY (FORESTS) WITH HEADQUARTER AT SHIMLA, H.P.,

Decided On November 06, 2012
Sh. Ram Parkash Son Of Sh. Sant Ram, Resident Of Village Kathla, Po Swarghat, Tehsil Sri Naina Devi Ji, Distt. Bilaspur, H.P. And Ors. Appellant
V/S
The State Of Himachal Pradesh Through The Principal Secretary (Forests) With Headquarter At Shimla, H.P., Respondents

JUDGEMENT

(1.) THE petitioners claim the benefit of the decision of the Supreme Court in Mool Raj Upadhyaya Vrs. 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 petitioners pray, they may be permitted to bring to the notice of the second respondent/competent authority. It is open to them to do so. In the event of the petitioners filing appropriate individual representation(s), furnishing their 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(s) by the petitioner(s) before the second respondent/competent authority. The writ petition is disposed of, so also the pending application (s), if any.