Back
2011 Supreme(HP) 721
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, J.
Dharam Chand. Petitioner.
Versus
State of H.P. & Ors. Respondents.
CWP No. 3087 of 2010
Decided On: 26.02.2011.
For the petitioner:Mr. Anup Rattan, Advocate.
For the respondents: Mr. R.K.Bawa, A.G. with Mr. Ankush Dass Sood, Addl.A.G.and Mr. J.K.Verma,Dy.A.G.
Regularization of part-time employees in the Ayurveda Department is subject to the availability of vacancies.
Headnote:
Workcharge Status - Ayurveda Department - The court directed the respondents to grant workcharge status to the petitioner and release all benefits such as salary arrears, gratuity, and pension. The court emphasized the policy in the Ayurveda Department for regularization of part-time employees subject to the availability of vacancies.
Fact of the Case:
The petitioner sought workcharge status and release of benefits as a part-time employee in the Ayurveda Department.
Finding of the Court:
The court directed the respondents to grant workcharge status to the petitioner and release all benefits. The court emphasized the policy for regularization of part-time employees in the Ayurveda Department.
Issues: Grant of workcharge status, release of benefits, and regularization of part-time employees in the Ayurveda Department.
Ratio Decidendi: The court emphasized the policy in the Ayurveda Department for regularization of part-time employees subject to the availability of vacancies.
Final Decision: The court directed the respondents to grant workcharge status to the petitioner and release all benefits.
Kurian Joseph,J.
The writ petition is filed with the following prayers:-
i)That the respondents be directed to grant workcharge status to the petitioner w.e.f. 14.09.1999 or from the date when the same status was granted to the juniors to the petitioner. ii) That respondents be directed to release all benefits to the petitioner such as salary arrears, gratuity, pension etc.
2. Being a part-time employee in the Ayurveda Department, it is submitted that the petitioner need not to wait for 8 years or 10 years to become a daily wager and then wait for regularization. In the Ayurveda Department the policy followed is that subject to the availability of vacancies, a part time employee should be regularized in service. This Court has dealt with this aspect in detail in C.W.P. No. 7896 of 2010. There will be a direction to the respondents to examine the case of the petitioner in the light of the judgment above referred and take appropriate action within a period of two months from the date of production of a copy of this judgment by the petitioner before the 2nd respondent.
3. With these observations, the writ petition stands disposed of. Pending applications, if any, shall also stand disposed of.
