Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(HP) 1084

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge.
Rattan Singh. ……….Petitioner
Versus
State of H.P. & ors. ……….Respondents.
CWP No. 855 of 2011
Decided on: March 8, 2011.

Advocates Appeared:
For the petitioner:Mr. Varun Thakur, Advocate.
For the Respondents: Mr. R.K. Bawa, AG with Mr. Ankush Dass Sood, Addl. AG and Mr. J.K. Verma, Dy. AG.

The court can issue mandamus to direct the examination of a claim for work charge status based on previous judgments.

Headnote:
Mandamus - Work Charge Status - The court directed the respondents to examine the petitioner's claim for work charge status in light of a previous judgment and take appropriate action within a specified period.
Fact of the Case:

The petitioner sought mandamus to grant work charge status after 8 years of continuous service as a daily waged Beldar.
Finding of the Court:

The court disposed of the writ petition, directing the respondents to examine the matter in light of a previous judgment and take appropriate action within four months.
Issues: Claim for work charge status based on 8 years of continuous service.
Ratio Decidendi: The court relied on a previous judgment and directed the respondents to examine the matter and take appropriate action.
Final Decision: The writ petition was disposed of, and the respondents were directed to examine the matter and take appropriate action within four months.

JUDGMENT

Justice Kurian Joseph, C.J.

The writ petition is filed mainly with the following prayers:-

“(i) That the writ in the nature of mandamus may kindly be issued against the respondents to give /allow work charge status to the petitioner on completion of his 8 years continuous service as daily waged Beldar from 1-1-2004 on the basis of Annexure P-1 and Annexure P-2.

(ii) That the respondents may be directed to pay all the consequential benefits/arrears to the petitioner in a time bound manner along with prevailing rate of interest.”

2. The petitioner claims work charge status on completion of eight years of continuous service as daily waged Beldar. According to the petitioner, the issue is covered in his favour by the judgment of this Court rendered in CWP No. 2735 of 2010, Rakesh Kumar versus State of H.P. and others. It is for the respondents to examine the matter. Therefore, this writ petition is disposed of directing the respondents concerned to examine the matter in the light of the judgment referred to above and take appropriate action thereon within a period of four months from the date of production of copy of this judgment along with a copy of the writ petition and the copy of the judgment referred to above.

3. The writ petition is disposed of, so also the pending application(s), if any.

Click Here to Read the rest of this document

2011 Supreme(HP) 1084

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. Rattan Singh. ……….Petitioner VersusState of H.P. & ors. ……….Respondents. CWP No. 855 of 2011Decided on: March 8, 2011.

The court can issue mandamus to direct the examination of a claim for work charge status based on previous judgments.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge.
Rattan Singh. ……….Petitioner
Versus
State of H.P. & ors. ……….Respondents.
CWP No. 855 of 2011
Decided on: March 8, 2011.