TIRATH BAHADUR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner namely, Sh. Tirath Bahadur, who is a Nepali citizen, was engaged as a daily wage beldar with effect from 1999 and since then he had been working continuously with 240 days in each calendar year in the aforesaid capacity till his regularization in the year, 2017, Annexure P-1. Since the petitioner was not granted work charge status after his having completed eight years' service, he has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following relief:

(2.) Learned counsel for the petitioner while making this Court to peruse the judgment rendered by Principal Division Bench of this Court in bunch of petitions i.e. Civil Writ Petition No. 5702 of 2011 titled Dal Bahadur versus State of Himachal Pradesh alongwith other connected matters, contended that his case is squarely covered with the aforesaid judgment. He also invited attention of this Court to judgment passed by learned Single Judge of this Court in CWP No. 5799 of 2014 titled as Budh Bahadur versus The State of H.P. and others, wherein similar relief, as has been prayed in the instant petition, has been granted to the petitioner in that case.

(3.) Aforesaid prayer made on behalf of the petitioner has been resisted on behalf of the respondent-department by learned Additional Advocate General on the ground that judgment rendered by Division Bench of this Court in Dal Bahadur versus State of Himachal Pradesh alongwith other connected matters and judgment dtd. 27/4/2012 passed in Shiv Kumari versus State of Himachal Pradesh alongwith other connected matters, have not attained finality because department has laid challenge to the same by way of SLP in the Hon'ble Supreme Court.