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2022 Supreme(HP) 658

SATYEN VAIDYA
Babu Ram S/o Late Sh. Ruksamal – Appellant
Versus
State Of Himachal Pradesh Through Its Principal Secretary (Revenue) To The State Of Himachal Pradesh, Shimla – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sh. Yogesh Kumar Chandel, Adv.
For the Respondent:Sh. Narender Singh Thakur, Deputy Advocate General

ORDER :

By way of instant petition, the petitioner has prayed for following substantive reliefs:

    (i) That writ in the nature of certiorari may kindly be issued to quash Annexure P-3 as far as it gave notional work charge status to the petitioner.

(ii) That the writ in the nature of mandamus may kindly be issued to the respondents to give work charge status to the petitioner with effect from 02.06.2002 on actual basis alongwith entire consequential benefits along with others incidental benefits thereof such as arrears of salary, GPF deduction, pensionary benefits and seniority etc.”

2. Brief facts necessary for adjudication of the petition are that the petitioner was engaged as daily waged Chainman by the respondents on 02.06.1992. He worked continuously with the respondents in Shimla Division with 240 days in each calendar year. Petitioner was regularized on 20.12.2007. Subsequently, vide Annexure P-3 dated 02.01.2012, petitioner was conferred work charge status w.e.f. 02.06.2002 on notional basis.

3. The grievance of the petitioner is that he was entitled to work charge status in terms of the policy adopted by the State on completion of 10 years continuous service on daily wages and he

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