STATE OF H.P. Vs. CHAMAN LAL

JUDGEMENT

(1.) State has filed instant writ petition against an order passed by the erstwhile Himachal Pradesh Administrative Tribunal on 17/12/2015 in TA No.4598/2015.

(2.) Facts Respondent was engaged as daily waged Electrical Beldar (T-Mate) in Himachal Pradesh Public Works Department Electrical Sub Division Kullu w.e.f. 1/10/1997. S/Sh. Nikka Ram and Murari Lal engaged after 1/12/1999 were juniors to the respondent. Services of Nikka Ram and Murari Lal were regularized on 17/11/2008 and 27/11/2008 respectively. Service of one Sh. Jeet Singh, another junior to the respondent, was also regularized. However, service of the respondent was regularized only on 13/10/2010. TA No.4598/2015 was instituted by the respondent with the assertion that he had completed 240 days of service after the year 1997 onwards in each calendar year. That fictional breaks were illegally given to him to prevent him from completing 240 days w.e.f. 1/10/1997 to 2001. He prayed for regularization of his service with effect from the year 2006. On considerating the facts, learned tribunal allowed the petition vide order dtd. 17/12/2015 with the observation that the respondent 'will be deemed to have completed 240 days in the years 1998 to 2005'. The State was directed to regularize his services from the date his juniors were regularized immediately on completion of 8 years service with all consequential benefits. This order has been impugned by the State in the instant writ petition.

(3.) We have heard learned counsel for the parties and gone through the case file.