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2022 Supreme(HP) 659

SATYEN VAIDYA
Puran Chand, S/o. Sh. Durga Ram – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Sh. Dalip K. Sharma, Advocate.
For the Respondent:Sh. Narender Thakur, deputy advocate General.

ORDER :

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

    “i). Respondents be directed to grant the work charge status to applicant from the date after the completion of eight years of service with all the benefits incidental thereof such as back wages, pension, seniority and pay fixation with interest.

ii) The applicant be further held entitled for the pensionary benefits.”

2. The petitioner was engaged as Daily Wage Labourer in HP PWD Sub Division, Karsog in 1997. The services of petitioner were regularized as Beldar vide office order dated 25.7.2007. Petitioner seeks conferment of work charge status immediately on completion of eight years continuous service.

3. Respondents in their reply have submitted that petitioner had not completed 240 days in the year 1997. It was w.e.f. the year 1998 that petitioner had completed 240 days in each calendar year and hence remained in continuous service thereafter. According to respondents, the petitioner completed eight years continuous service on 31.12.2005. Respondents further submitted that the State Government had abolished the work charge establishment for Class-IV employees w.e.f. 19.8.2005. Th

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