State vs. Rajender Paul
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Order Issued After Hearing
Before:
Hon'ble Honourable The Chief Justice A.M. Khanwilkar
Listed On:
28 Mar 2012
Order Text
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 492 of 2011. Decided on 28th March, 2012.
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- State of Himachal Pradesh through Secretary (I&PH) Shimla.
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- The Engineer in Chief, I&PH Department, Shimla.
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- The Executive Engineer, I&PH Division, Padhar, Distt. Mandi.
Versus
….Appellants/Petitioners
Rajender Paul, s/o Sh. Tek Singh, R/o Village Passal PO Chauntra, Tehsil Joginder Nagar, Distt. Mandi, H.P.
____________________________________________________________________________
…Respondent/Non-applicant.
Coram
The Hon'ble Mr. Justice Kurian Joseph, Chief Justice The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
| For the petitioner | : | Mr. R.K. Bawa, Advocate General with Mr.<br>J.K. Verma, Deputy Advocate General. |
|---|---|---|
| For the Respondent : | Mr. Neel Kamal Sharma, Advocate. | |
Justice Kurian Joseph, C.J. (Oral)
The respondents in CWP (T) No. 13753 of 2008 has come up in appeal. The learned Single Judge having found that the writ petitioner has been working as Complaint Attendant from the year 1993 onwards, issued a direction to regularize him after completion of 8 years of service in that post. It is not in dispute that the petitioner is in the category of Beldar since 1985. But it is not in dispute that from 1993 onwards, he is working on a higher post of Complaint Attendant. Therefore, applying the ratio of Gauri Dutt vs. State of Himachal Pradesh, the writ petitioner is entitled for work charge status/regularization in the higher post on completion of ten years in that post, subject to the employee furnishing the option. However, inadvertently, it appears that learned Single Judge has issued a direction for regularization. Therefore, the judgment in appeal is modified as follows:-
The complainant may file an option before the Appointing Authority for regularization/work charge status as Complainant Attendant i.e. the higher post on completion of ten years of service in that post and if as on 2003, there is vacancy available in the post of Complaint Attendant, the petitioner be regularized in that post.
- The appeal is disposed of, so also the pending application(s), if any.
(Justice Kurian Joseph), Chief Justice
28th March, 2012. (Justice Dharam Chand Chaudhary), (kck/K. Sharma) Judge.
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