TARUN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant herein has claimed the following reliefs: (i)That the letter dated 31.1.2003 (Annexure PB) may be quashed, (ii)The applicant may be directed to be treated on duty w.e.f. 8.1.2003 when he joined his duty, (iii) That the respondents may be directed to grant him all consequential benefits from 8.1.2003 to April, 2003: (iv) That if this Tribunal comes to the conclusion that the applicant is not entitled to the above stated benefits for the period of 8.1.2003 to April 2003 when he was allowed to work in that event the respondents may be directed to pay him wages as daily waged employee for the period he was not allowed to work.

(2.) The case of the applicant as made out in the original application is that the services of the applicant who was working as daily rated Beldar were regularized as a Peon vide order dated 8.1.2003. The applicant immediately thereafter joined his duties but was informed vide communication dated 11.1.2003 that because of the promulgation of the Model Code of Conduct his joining report during the period 11.1.2003 to 7.2.2003 could not be accepted, therefore, he reported back to the concerned DFO/FC whereas the applicant had already worked as Peon till the receipt of the aforesaid letter. The applicant was thus, sent back on daily wages w.e.f. 1.2.2003 where he was not allowed to work despite the regular status having been given to him. Thus, the applicant was prevented from working till 7.3.2003 whereas he had in fact started working as regular appointee from 8.1.2003 and has also submitted his joining report. It is, thus claimed that action of the respondents is illegal, arbitrary and unconstitutional and against the principle of natural justice therefore, the letter dated 31.1.2003 is liable to be quashed and the applicant is entitled to the wages as claimed.

(3.) The respondents contested the claim of the applicant. In the reply it was averred that the applicant submitted his joining report on 16.1.2003 but in view of the Model Code of conduct of Conduct which was applied w.e.f. 11.1.2003 the applicant was directed to report back to his previous station and the applicant in fact reported to the R.O. Jhugi where he worked from 8.2.2003 to 30.3.2003 for which his daily wages had been sanctioned which are not being accepted by him despite directions. Thus, the defence of the respondents is that because of the promulgation of the Model Code of Conduct joining report of the applicant could not be accepted during the period 11.1.2003 to 7.3.2003.