VINAY KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) ORDER Present civil writ petition is filed under Article 226 of the Constitution of India pleaded therein that in the month of April 1998 the petitioner was engaged as daily waged Surveyor and in the year 1999 services of petitioner were terminated. It is pleaded that thereafter in the year 1999 petitioner filed OA No. 3053/99 titled Vinay Kumar vs. State of H.P. It is pleaded that on dated 01.06.2000 OA was disposed of by Hon'ble High Court of H.P. and respondent was directed to maintain the seniority of petitioner from the date of engagement. It is pleaded that on dated 20.1.2010 services of petitioner were regularized. It is pleaded that respondents be directed to grant work charge status to the petitioner after completion of eight years of service with all consequential benefits including arrears of salary with 9% interest.

(2.) PER contra reply filed on behalf of the respondents pleaded therein that present petition is not maintainable. It is pleaded that present petition is barred on account of delay and latches. It is further pleaded that petitioner had been continuously working w.e.f. 1999 and completed eight years of service only on dated 31.12.2007 as Surveyor. It is pleaded that Government has abolished the cadre of work charged category in IPH department in 2006 vide letter No. IPH(A)2(B)15 -16/2006 dated 31.5.2006. It is pleaded that work charge status is not automatic after completion of eight years of service and further pleaded that petitioner is not entitled for work charge status automatically on the completion of eight years of service. It is pleaded that Rakesh Kumar's ruling is pending before Hon'ble Supreme Court of India and Hon'ble Supreme Court of India has stayed the operation of order passed by Hon'ble High Court of Himachal Pradesh in CWP No. 2735 of 2010. Prayer for dismissal of petition sought.

(3.) FOLLOWING points arise for determination in this civil writ petition: -