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2010 Supreme(HP) 423

KULDIP SINGH
SUDESH PAL RANA – Appellant
Versus
STATE OF H. P. – Respondent


Advocates appeared:
For the Petitioners:Mr. A.K.Gupta, Advocate.
For the Respondents:Mr. P.M. General Negi, with Dy. Mrs. Advocate Shubh Mahajan, Dy.
Advocate General.

JUDGMENT

Kuldip Singh, J.(Oral)-The learned counsel for the petitioners has confined his reliefs to petitioners to the effect that respondents may be directed to grant the benefit of work-charge status to all the petitioners from the date they have completed 10 years of service with all consequential benefits such as pay fixation, seniority and arrears of pay.

2. The brief facts as per petitioners are that they were engaged as beldars in the Horticulture Department. The petitioners have given their dates of engagement and regularization in the memo of parties. The better course was that such dates should have been given in the main body of the petition, however, the relevant particulars of the petitioners are as follows:

3. The further case of the petitioners is that as per Mool Raj Upadhyaya vs. The State of Himachal Pradesh and Ors. 1994 Supp (2) SCC 316, the petitioners were entitled to work-charge status from the dates they had completed 10 years of service. They were not given the work-charge status instead they were regularized much later on. The petitioners have suffered in the matter of seniority, promotion, pay fixation and pension etc. Mool Raj Upadhyaya (supra) is applic


















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