KOMAL CHAND Vs. STATE OF H. P.

JUDGEMENT

(1.) The petitioner, presently working as Peon in the Office of Range Forest Officer, Sunni, District Shimla has filed this writ petition with a prayer to quash order dated 24.12.2015 (Annexure P-7) whereby his claim for conferment of work charge status in terms of the judgment of this Court in CWP No. 2735 of 2010 titled Rakesh Kumar Vs. State of H.P. & ors. has been rejected and in the alternative for regularization of his services as Peon on completion of 8 years on daily wage basis with all consequential benefits.

(2.) As a matter of fact, this case has a chequered history. The petitioner, initially engaged as Beldar on daily wage basis in the year 1998 had filed CWP No. 1541 of 2009 against the action of the respondents whereby they refused to regularize the period of his absence from 1.8.1998 to 15.9.1998 and 1.5.2002 to 30.6.2002 on account of delayed production of medical certificate on 6.8.2007 issued by a Private Practitioner and regularization of his services. The writ petition was disposed of vide judgment dated 12.9.2012 directing thereby the respondents to consider the medical certificate supplied by the petitioner and regularize him as Class-IV employee. Consequently, the services of the petitioner were regularized on and w.e.f. 13.9.2012 vide order Annexure P-3. Aggrieved by his regularization not on completion of 8 years continuous service and rather from a subsequent date, he preferred CWP No. 8723 of 2013 in this Court. The same was transferred to State Administrative Tribunal and registered as TA No. 5782 of 2015. It was allowed vide judgment Annexure P-6 directing thereby the respondents to consider the case of the petitioner for conferment of work charge status on completion of 8 years service by him with all consequential benefits. In compliance to the judgment Annexure P-6, the respondent-Department has considered the matter and passed the impugned order Annexure P-7. The petitioner has not been held entitled to conferment of work charge status.

(3.) It is the order Annexure P-7 which has been challenged by the petitioner in this writ petition on the grounds inter alia that he is entitled to conferment of work charge status immediately on completion of period of 10 years in view of the judgment of the Apex Court in Mool Raj Upadhyaya's case and in the alternative for regularization on completion of 8 years of service in view of the judgment of this Court in CWP No. 2735 of 2010 titled Rakesh Kumar Vs. State of H.P. & ors.