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2022 Supreme(HP) 642

SATYEN VAIDYA
Gulzari Lal S/o. Sh. Rattan Singh – Appellant
Versus
State Of H. P. – Respondent


Advocates Appeared:
For the Petitioner:Sh. Subhash Sharma, Advocate.
For the Respondents:Sh. Desh Raj Thakur, Additional Advocate General with Sh. Narender thakur, deputy Advocate general.

ORDER :

1. By way of instant petition, petitioner has prayed for the following substantive relief:-

    “i). To quash and set aside Annexure A-6 dated 24.12.2016 passed by respondent department.

ii) Respondent department may kindly be directed to grant work charge status to the applicant on completion of 8 years of service, i.e. 1.1.2003.

iii) That the respondent department may further kindly be directed to grant all consequential benefits to the applicant.”

2. The claim of petitioner is for grant of work charge status w.e.f. 1.1.2003 by counting his service to be continuous from 1995.

3. Respondents are contesting the claim of petitioner on the grounds that from 1995 till 1998, petitioner had not completed 240 days in any of the calendar years. It was w.e.f. 1999 that petitioner could complete 240 days of his daily wage employment. Thus, petitioner completed eight years of continuous service as daily wager on 31.12.2006 but since the State Government had abolished the work charge status for Class-IV employees w.e.f. 12.12.2005, petitioner was not entitled for automatic conformant of work charge status even on completion of eight years. Petitioner became entitled for regularization in 2010

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