TOTA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents. By way of this petition, the petitioner has prayed for the following reliefs:-

(2.) The case of the petitioner is that he was initially engaged as a Majdoor on 1/4/1999. His services were regularized on 26/10/2009 after completion of ten years of daily wage service. He joined his duties as such on 27/10/2009. The petitioner filed CWP No.6452 of 2012, praying for conferment of work charge status/regularization of service after completion of eight years of service. This Writ petition was disposed of by this Court by directing the respondent to consider the case of the petitioner in light of the judgment being relied upon by him by passing a reasoned and speaking order. Pursutant thereto, vide impugned Annexure P-2, dtd. 3/12/2015, the case of the petitioner has been rejected by the Authorities concerned by holding that the work charge status cannot be conferred upon the petitioner as the establishment ceases to be a work charged establishment. It is in these circumstances, the petitioner has approached this Court with the prayer that the order passed by the Competent Authority, dtd. 3/12/2015 be quashed and set aside and the petitioner be granted work charge status/ regularization upon completion of eight years of daily wage service w.e.f. 1/1/2007, with all consequential benefits.

(3.) This Court is of the considered view that the present petition is hit by gross delays and latches. The first prayer made in the Writ petition is for quashing of impugned order dtd. 3/12/2015. There is no justification that has comeforth from the petitioner as to why this order, passed on 3/12/2015, was not assailed by the petitioner within some reasonable time and the same now stands assailed after more than eight years.