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2013 Supreme(SC) 998

G.S.SINGHVI, C.NAGAPPAN
State of Haryana – Appellant
Versus
Sita Ram – Respondent


Advocates Appeared:
Mr. Neeraj Jain, Senior Advocate, Mrs. Anubha Agarwal, Mr. Ambuj Agarwal, Advocates, with him for the Appellant.
Mr. Dinesh Kumar Garg, Mr. Ajay K. Singh, Mr. Sanjeev K. Saroha, Mr. Vikas Batra, Mr. R.C. Kaushik, Mr. Naresh Kaushik, Mrs. Lalita Kaushik, Mr. Varinder Kumar Sharma, Advocates, for the Respondents.

JUDGMENT

G.S. Singhvi, J.

1. Whether the work charge service of the respondents can be treated as regular service for the purpose of grant of benefit under the Haryana Civil Services (Assured Career Progression) Rules, 1998 (for short, 'the 1998 Rules') is the question which arises for consideration in these appeals filed against the orders passed by the Division Benches of the Punjab and Haryana High Court.

2. The respondents in all the appeals except Civil Appeal No.5544 of 2009, which has been filed by Haryana Urban Development Authority, were engaged as work charge employees in different branches of the Public Works Department of the Government of Haryana between 1966 and 1984. Their conditions of employment were governed by the provisions contained in PWD Code, paragraphs 1.129 and 1.132 of which are reproduced below:

'II-Work-Charged Establishment

1.129. Works establishment will include such establishment as is employed upon the actual execution, as distinct from the general supervision, of a specific work, of or sub-works of a specific project, or upon the subordinate supervision of departmental labour, stores and machinery in connection with such work or sub-works, provided th































































































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