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2020 Supreme(HP) 325

AJAY MOHAN GOEL
Keshav Ram – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Rajinder Sharma, Advocate, Somesh Raj, Advocate, Dinesh Thakur, Advocate, Sanjeev Sood, Advocate, Divya Sood, Advocate

JUDGMENT

Ajay Mohan Goel, J. - The case of the petitioner is that he was engaged as a daily wage worker in Forest Range Arki, under Kunihar Division, Forest Circle, Bilaspur, in January, 1996. Since his initial appointment in the month of January, 1996, he had continuously been working with the respondent-Department and had completed more than 240 days in each calendar year, except for the years 2001 and 2002, when the respondents did not permit him to complete 240 days by disengaging his services for some days in each month. As per the petitioner, on account of these fictional breaks given to him by the respondents intentionally in the years 2001 and 2002, his right of regularization/being conferred upon work charge status, has been prejudiced as the fictional breaks were intentionally given to him by the respondents in the years 2001 and 2002 to ensure that he did not complete 240 days in each calendar year so that he could not avail the benefit of policy of the Government which envisaged regularization of services of a daily wage employee on completion of 8 years of service in case he has put 240 days service in each calendar year.

2. The petitioner relies upon the judgments pas

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