BANSI LAL SON OF LATESHRI JAGDISH CHAND, FOREST WORKER, RANGE OFFICE BARSAR, DISTT. HAMIRPUR, H.P. AND OTHERS Vs. STATE OF H.P. THROUGH SECRETARY (FORESTS) TO THE GOVT. OFH.P, PRINCIPAL CHIEF CONSERVATOR OF FORESTS, H.P. SHIMLA-171002

JUDGEMENT

(1.) CASE of the petitioners, namely, Bansi Lal, Surender Kumar, Bakshi Ram, Kulwant Singh, Vikramjeet, Roop Chand, Bhim Bahadur and Desh Raj, in a nut -shell, is that they had been engaged on daily waged basis before 31.12.1993 and worked continuously for a period of 10 years and completed 240 days in each calendar year. However, they have not been conferred work charged status as per Mool Raj Upadhyay's case. The respondent -State has filed reply. It is evident from para -2 of the reply that all the petitioners except Hari Chand and Shakti Chand had been engaged before 31.12.1993 and worked continuously for a period of 10 years and had completed 240 days in each calendar year. However, they have been regularized in the years 1998, 2003, 2006 and 2007, respectively. Since the ab ove said petitioners had been engaged before 31.12.1993 and completed 240 days in each calendar year, their case was required to be considered for conferment of work charged status as per Mool Raj Upadhyay's case.

(2.) CONSEQUENTLY , respondent -State is directed to confer work charged status on the above said petitioners, strictly as per dicta of their Lordships of the Hon'ble Supreme Court in Mool Raj Upadhyaya vs. State of H.P. and others,, 1994 3 Supp. (2) SCC 316 and State of Himachal Pradesh and others versus Gehar Singh, : (2007) 12 SCC 43. As far as petitioners Hari Chand and Shakti Chand are concerned, their case shall be considered as per judgment rendered by this Court in Rakesh Kumar versus State of H.P. and others, CWP No. 2735 of 2010, decided on 28.7.2010. However, it is made clear that the same will abide by the outcome of the SLP preferred against the judgment cited hereinabove (Rakesh Kumar's case). The needful shall be done within a period of 10 weeks after the production of certified copy of this judgment. In view of the observations and analysis made hereinabove, the present petition stands disposed of. No costs.