Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Satyen Vaidya, J
Tara Chand – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
The instant petition has been filed by the petitioner for the grant of following substantive reliefs:
“i) That the respondent may very kindly be directed to consider the petitioner for regularization as Clerk from the date of performing duties of Clerk.
ii) That the respondent may be directed to pay wages of the Clerk w.e.f. 1993 from the date he is working as Clerk on the principal of equal pay for equal work.
iii) That the respondent may further be directed to grant/release all benefits of regularization and arrears thereof along with interest @ 18% per annum.”
2. The case as set-up by the petitioner is that he was appointed as ‘Basta Bardar’ in February 1990. The petitioner had been made to discharge the duties of Clerk since 1993 when the post of Clerk had become vacant on retirement of Sh. Balak Ram. As per petitioner, he was discharging the duties of Copyist by preparing the copies of Mutations, Jamabandis, Missal- Hakiat, Field-book etc. In addition, he had been appearing before the Courts with the records of the Department as and when required and had also been maintaining P.R. Registers. It has also been averred that the petitioner while discharging
Claims for regularization and back wages can be barred by delay and laches if no satisfactory explanation for the delay is provided.
The court ruled that claims for employment adjustment must be timely and supported by sufficient evidence, particularly when initial appointments are disputed.
Point of law : Regularisation of service - Rather a recital is carried, that the services of the writ petitioner became regularised against the post of Irrigation Booking Clerk.
The main legal point established in the judgment is the entitlement of employees to be regularized against the posts they were initially engaged in, and the relevance of prompt action in seeking lega....
Order of oral Termination - Quash of - Competent Authority shall examine the matter and pass appropriate order at the earliest.
The main legal point established is that petitioners appointed on compassionate grounds are entitled to the regular scale of pay from their initial date of appointment based on relevant Government Re....
Cadre or ex-cadre posts - When there is no statutory provision or there is no statutory appeal provided, the period of limitation would not get extended. Law does not permit extension of period of li....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
