SAHI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, Sahi Ram, a retired Class-IV [Beldar], has come up before this Court, seeking the following reliefs:

(2.) Grievance of the petitioner is that he was initially engaged as Beldar on daily wage basis in the office of Assistant Engineer [IPH] Sub-Division Nerwa, Tehsil Chopal, District Shimla, [HP] on 26/3/1995 and he has completed 240 days in each calendar year during the year 1995 and thereafter. It is further averred that though petitioner had completed 08 years of continuous service on daily wage basis but his services were neither regularized nor was he granted work charge status by the respondents. Due to this, he filed an Original Application No.4777 of 2016, titled Sahi Ram versus State of Himachal Pradesh & Others, which was disposed of by Learned State Administrative Tribunal on 21/9/2016 [Annexure A-1], with direction to the State Authorities to consider the case of the petitioner, strictly in view of the principles laid down by this Court in CWP No.2735 of 2010, titled Rakesh Kumar versus State of H.P. & Ors. and connected matters, decided on 28/7/2010. It is averred that pursuant to these directions the Respondent-State Authorities issued an Office Order on 28/10/2015 [Annexure A-2], granting regularization/work charge status to the petitioner from the date of completion of 08 years of continuous service with 240 days w.e.f. 1/1/2004. It is averred that though the petitioner had completed 240 days during the year 1995 but the respondents have not granted the benefit of said period of service for granting regularization/work charge status and in case, the said period of 1995 is counted, therefore, the benefit is accorded the petitioner deserves to be granted regularization/work charge status w.e.f. 1/1/2003, instead of 1/1/2004 as in Annexure A-2, with all consequential benefits.

(3.) Pursuant to the issuance of notice, the State Authorities have filed the Reply-Affidavit dtd. 22/7/2019 of Superintending Engineer [IPH], Circle Shimla-9.