Back
2011 Supreme(HP) 688
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Rajiv Sharma, Judge.
Lal Singh. - Petitioner.
Versus
The State of Himachal Pradesh and Others. - Respondents.
C.W.P. (T) No. 14372 of 2008.
Decided on : 25.02.2011.
For the petitioner.:Mr. A.K. Gupta, Advocate.
For the respondents.:Mr. A.K. Bansal, Additional Advocate General with Mr. R.P. Singh, Assistant Advocate General.
Condonation of delay due to illness for conferment of work charge status.
Headnote:
Condonation of Delay - Work Charge Status - The court allowed the petition, directing the respondents to consider the petitioner for conferment of work charge status by condoning the delay of 80 days due to illness, with all consequential benefits.
Fact of the Case:
The petitioner, engaged as a Beldar, fell sick for 80 days in 1994 and had continuously worked otherwise. The petitioner sought condonation of the 80-day break for the conferment of work charge status.
Finding of the Court:
The court found in favor of the petitioner, stating that the break due to illness should be condoned, and the petitioner should not be discriminated against for the grant of work charge status.
Issues: The issue was whether the 80-day break due to illness should be condoned for the conferment of work charge status to the petitioner.
Ratio Decidendi: The court held that the break due to illness should be condoned, and the petitioner should not be discriminated against for the grant of work charge status.
Final Decision: The petition was allowed, and the respondents were directed to consider the petitioner for conferment of work charge status by condoning the delay of 80 days, with all consequential benefits.
Rajiv Sharma, Judge
Petitioner was engaged as a Beldar in the year, 1989. He fell sick w.e.f. 04.06.1994 to 18.08.1994. Thereafter, the petitioner had been continuously working as Beldar on daily wage basis. Petitioner has placed on record a copy of the medical certificate duly issued by the Medical Officer of I.G.M.C., Shimla vide Annexure P-1. Petitioner has continuously worked w.e.f. 1989 till the filing of the petition, except there is break of 80 days w.e.f. 04.06.1994 to 18.08.1994. The same ought to have been condoned by the respondents while counting the period of 8/10 years’ continuous service with 240 days in each calendar year for conferment of work charge status to the petitioner. The break can be due to cessation of work or lack of funds. The petitioner cannot be discriminated for the grant of work charge status on the ground that there is break of 80 days w.e.f. 04.06.1994 to 18.08.1994, which had occurred due to illness as per the medical certificate duly signed by the Medical Officer.
2. Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. The respondents are directed to consider the case of petitioner for conferment of work charge status by condoning the delay of 80 days, which has occurred between 04.06.1994 to 18.08.1994, with all consequential benefits, within a period of two months from the date of production of a certified copy of this judgment by the petitioner. No costs.
