DHANI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was appointed as Beldar on daily wage basis in the year 1981. He was retrenched from the service on 16.9.1995. He assailed his retrenchment by way of filing CWP No. 2083/1995. Petitioner was ordered to be re -engaged by interim order dated 30.10.1995 passed by this Court in CMP No. 3883/1995. CWP No. 2083/1995 was disposed of by this Court on 21.12.1995 with a direction that the petitioner would continue to discharge his duties, unless his services were dispensed with in accordance with law and the break period was ordered to be counted for continuity and regularization of service, but no monetary benefits were ordered to be given to him. Petitioner again approached this Court by way of filing CWP No. 4095/2010 seeking direction to the respondents to consider his case as per Mool Raj Upadhayaya's case. CWP No. 4095/2010 was disposed of on 27.7.2010 by directing the respondents to decide the representation of the petitioner within a period of ten weeks from the date of production of the copy of the writ petition by the petitioner. The competent authority was directed to take into consideration the law laid down in Mool Raj Upadhayaya's case. The representation of the petitioner was rejected by the Principal Chief Conservator of Forest on 11.5.2011. Petitioner assailed office order dated 11.5.2011 by filing CWP No. 4071/2012. In the mean time, the case of the petitioner was considered. Since the petitioner has already completed 10 years continuous service on 31.12.2005, he was granted work charge status w.e.f. 1.1.2006 vide office order dated 4.1.2013. He was regularized as Mali w.e.f. 10.4.2007. CWP No. 4071/2012 was permitted to be withdrawn with liberty to the petitioner to file fresh petition on 14.5.2010. Since the petitioner was regularized as Mali on 10.4.2007 after amendment carried out in Rule 56 of the Fundamental Rules, he was due to retire on 30.6.2014.