BARYAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for the following substantive reliefs:

(2.) The case set-up by petitioner is that he was appointed on daily wage basis as Beldar in Irrigation and Public Health (for short 'I&PH') Division Nurpur, District Kangra, H.P. on 1/5/1987. He continued to work as daily wager by rendering services for 240 days in each calendar year. Petitioner was regularised w.e.f. 1/1/1998. Petitioner was superannuated on 31/12/2006. On the strength of these facts, it has been contended on behalf of petitioner that petitioner served the respondent-Department for total period of 19 years including 9 years of regular service, therefore, he was entitled to the benefit of judgment passed by the Hon'ble Supreme Court in the case of Sunder Singh vs. The State of Himachal Pradesh, Civil Appeal No. 6309 of 2017.

(3.) Petitioner had approached this Court on earlier occasion by way of CWP No. 5067 of 2020, seeking similar relief as in the present case. A Division Bench of this Court vide order dtd. 2/3/2021 had disposed of CWP No. 5067 of 2020 by permitting the petitioner to make a representation to the respondents with direction to the respondents to consider the case of the petitioner, pass appropriate orders and if found entitled for pensionary benefits, to release such benefit in his favour.