KRISHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, Krishan Lal, Revenue Chowkidar in the Respondent-Department, under Respondent No 3, has come up before this Court, seeking the following reliefs:-

(2.) Case as set up by Learned Senior Counsel is that petitioner was appointed Revenue Chowkidar in Revenue Tehsildar, Sunni, by Respondent No. 3 on 8/8/1989 at the rate of Rs.1200.00per year, payable in two equal half-yearly instalments on temporary basis. Petitioner continued in service but since other part-time incumbents appointed in other departments were conferred the daily wage status on completion of requisite service, the petitioner was constrained to file a CWP No 1250 of 2008, Krishan Lal versus State of Himachal Pradesh and others which was decided by the Division Bench of this Court on 10/11/2010, Annexure A-2, directing the Respondents to consider the case of the petitioner in the light of judgment in CWP No 281 of 2007, titled as State of Himachal Pradesh and another v. Mehar Singh and others, and in case, petitioner was similarly placed then, the Respondents were mandated to extend similar benefit to the petitioner herein, in terms of the Scheme dtd. 27/2/2004, Annexure P-2, as mentioned in aforesaid order. It is averred that incompliance to judgment dtd. 10/11/2010, Annexure A-2, in case of petitioner, {Krishan Lal, CWP No. 1250 of 2008], the Respondent No.3 conferred daily wage status to the petitioner w.e.f. 1/1/2004, as per orders issued in February, 2011, Annexure A-3. Later, as per orders dtd. 23/11/2015, Annexure A-4, the services of the petitioner were regularized as Chowkidar in the pay band of Rs.4990.0010680+1300 GP and other allowances with immediate effect. The petitioner retired from service on attaining the age of superannuation on 30/11/2016, Annexure A-5. It is in this background, that the instant petition, has been filed, praying that the petitioner, who has been granted daily wage status w.e.f. 1/1/2004 in February, 2011 vide Annexure A-3, deserves to be granted daily wage status, on completion of ten years part-time service as Revenue Chowkidar from the year 1999; and secondly, after giving daily wage status the petitioner is entitled to be considered and granted regularization, on completion of eight years of continuous service w.e.f. the year 2007; whereas, the same was accorded as per orders dtd. 23/11/2015, Annexure A-4, with immediate effect; and thirdly, the petitioner having been engaged on daily wage basis prior to 10/5/2001, is entitled to be treated to be in deemed service upto the age of sixty years i.e. upto 30/11/2018 and, therefore, the retirement of petitioner at the age of fifty-eight years on 30/11/2016, Annexure A-5, is contrary to Full Bench judgment of this Court in CWP No.2711 of 2017, titled as Baldev versus State of Himachal Pradesh and others, and lastly, in view of the claimed re-scheduled daily wage status from 1999 and regular status from 2006-07 and the deemed continuation of service upto the age of sixty years till 30/11/2018, the petitioner is entitled for retiral benefits, for the aforesaid service, in the instant petition. PROCEEDINGS BEFORE THIS COURT:

(3.) Petitioner filed an Original Application No. 1572 of 2019 before Learned State Administrative Tribunal when notices were issued on 29/4/2019 directing Respondents to file reply. Upon abolition of State Administrative Tribunal, the aforesaid OA was transferred to this Court and re-numbered as CWPOA No.6676 of 2020, which on the statement of the then Learned Counsel for petitioner was disposed of as infructuous vide orders dtd. 20/10/2023. Later, CMP-T No. 353 of 2024 was filed seeking recalling of the orders and this application was allowed by Division Bench of this Court on 13/6/2024. It is in this background, that the instant petition was taken up by the Division Bench of this Court on various dates. The matter was heard and was re-heard by this Court on 29/5/2025. STAND OF STATE AUTHORITIES IN REPLY- AFFIDAVIT: