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2022 Supreme(HP) 206

MOHAMMAD RAFIQ, SANDEEP SHARMA
State of H. P. , Through Principal Secretary (Agriculture) with Headquarters at Shimla – Appellant
Versus
Akalmani, W/o. Sh. Sukh Sen – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Ritta Goswami, Additional Advocate General.

JUDGMENT :

Instant letters patent appeal lays challenge to judgment dated 3.8.2021 passed by a learned Single Judge of this court in CWPOA No. 6159 of 2019 titled Akalmani v. State of H.P. and another, whereby learned single Judge, while allowing the petition having been filed by the respondent-herein directed the appellant-State to grant work charge status to the respondent from the date of her completing ten years of work subject to completion of 240 days in each calendar year in terms of policy dated 6.5.2000 and in terms of judgment passed by a Division Bench of this court in Gauri Dutt v. State of HP, CWP No. 778 of 2006, decided on 29.12.2007.

2. Precisely, the facts of the case as emerge from the record are that respondent was appointed on daily wage basis in the appellant Department with effect from 11.4.1990 and thereafter she continued to work uninterruptedly to the entire satisfaction of the appellant Department for more than 30 years with 240 days in each calendar year and as such, became entitled to be granted work charge status in terms of policy framed by the appellant State from time to time. Since despite repeated requests, department failed to do the needful, respon

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