CHUNI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court being aggrieved by the impugned order dtd. 28/5/2016 passed by respondent No.3-Superintending Engineer, whereby his claim for regularization/work charge status, after completion of eight years of service as a Work Inspector in Irrigation and Public Health Department ( in short 'IPH'), has been rejected. It is claim of the petitioner that persons junior to him have already been regularized after completion of eight years of continuous daily wage service.

(2.) Petitioner was engaged as a daily wage beldar w.e.f. 5/2/1994 and worked as daily wager Work Inspector w.e.f. 17.031994 in IPH Department. Therefore, he continuously served by completing 240 working days in each calendar year and completed 8 years in the year 2001. His services were regularized on 27/12/2006 as Work Inspector.

(3.) After regularization, petitioner filed CWP No.787 of 2009, titled as Chuni Lal and others vs. State of Himachal Pradesh and others, which was disposed of on 18/5/2010 with a direction to respondents to consider case of the petitioner in terms of judgment of the Supreme Court in Mool Raj Upadhyaya vs. State of H.P. and Others, 1994 Supp (2) SCC 316. However, case of the petitioner was not considered for regularization/grant of work charge status. Whereupon, petitioner again approached the erstwhile H.P. State Administrative Tribunal by filing Original Application No.2097 of 2015, which was disposed of by directing the respondents to consider the case of the petitioner, in terms of law laid down by this Court in CWP No.2735 of 2010, titled as Rakesh Kumar and others vs. State of Himachal Pradesh and others.