Point of Law: Principle that work charge establishment was not a pre-requisite for conferment of work charge status.

JUDGMENT :

Tarlok Singh Chauhan, J.

CMP(M) No. 1773 of 2022

By medium of this application, the applicants/appellants have sought condonation of 216 days in filing of the appeal. The opposite party has no objection, in case, the delay in filing of the appeal is condoned. Accordingly, the delay of 216 days in filing of the appeal is condoned. Application stands disposed of.

Appeal be registered.

LPA No. 96 of 2023

2. The instant Letter Patent Appeal is directed against the judgment dated 07.03.2022, passed by the learned Writ Court whereby the learned Writ Court allowed the writ petition filed by the respondent herein and held him entitled for conferment of work charge status w.e.f. 01.01.2007 with all consequential benefits including seniority, pay fixation, counting of service towards pensionary benefits etc. on or before 30.06.2022, failing which, the petitioners were held liable to pay interest @ 7.5% per annum on the arrears of wages from the date of accrual thereof till final payment.

3. The minimal facts as necessary for the adjudication of this appeal are that the respondent herein filed an Original Application bearing No. 4163 of 2015 before the erstwhile learned H.P. Administrative Tribunal with a prayer to grant him work charge status from the date he completed eight (8) years of service with all consequential benefits incidental thereof in terms of the judgment passed by this Court in CWP No. 2735 of 2010, titled as Rakesh Kumar vs. State of H.P. & Ors. and other connected matters.

4. The appellants contested the petition by filing reply.

5. On abolition of the learned Tribunal, the Original Application was transferred to this Court and registered as CWPOA No. 5596 of 2019 and the same came to be allowed in the aforesaid terms.

6. It is vehemently contended by Shri Anup Rattan, learned Advocate General, that the learned Writ Court fell into error while passing the impugned judgment/order by not considering the observations made in para-7 of the Rakesh Kumar's case (supra), which read as under:-

7. In the above circumstances, these Writ Petitions are disposed of directing the respondents to consider the case(s) of the petitioners herein for conferment of work-charged status, subject to their eligibility in terms of the policy dated 3.4.2000 and as explained in 6.5.2000 policy, as extracted above. Needful in this regard shall be done within a period of three months from the date of production of the copy of this judgment by the respective petitioners. Needless to say that the question of conferment of workcharged status does not arise in case the establishment ceases to be a work charged establishment and hence, the conferment of the status will not arise after the abolition of the workcharged status of the establishment.

We have heard learned counsel for the parties and have gone through the record of the case.

7. We find that issue in question is no longer res integra in view of the judgment rendered by a Division Bench of this Court in CWP No. 2735 of 2010, titled as Rakesh Kumar vs. State of H.P. and other connected matters, wherein it has been categorically held that:-

“2. The only reference to be made for analyzing the grievance of the petitioners is two orders of the Government. One order is dated 3.4.2000 and other is dated 6.5.2000. Order dated 3.4.2000, reads as follows:

“In partial modification of this Department letter of even number dated 8th July, 1999 on the above subject, I am directed to say that the Government has now decided that the Daily Waged/Contingent Paid workers in all the Departments including Public Works and Irrigation and Public Health Departments (other than work-charged categories)/Boards/ Corporations/Universities, etc. who have completed 8 years of continuous service (with a minimum of 240 days in a calendar year) as on 31-03-2000 will be eligible for regularization. It has further been decided that completion of required years of service makes such daily wager/contingent paid worker eligible for con