Daily wagers completing 8 years continuous service with 240 days/year entitled to work charge status from eligibility date but only notional benefits without actual arrears for irregular appointments per Supreme Court mandate.

JUDGMENT :
Ranjan Sharma, J.

Petitioner, Tilak Raj, a Beldar (Class-IV) has come up before this Court seeking the following relief(s):

(i). That the respondents may very kindly be directed to grant work charge status/regularization to the applicant as Beldar w.e.f. 04.03.2002 as per 8 years regularization policy framed by the State Government in the year 2000 as well as judgment delivered by the Hon’ble High Court of Himachal Pradesh in CWP No.2735/2010 tiled as Rakesh Kumar versus State of H.P. decided on 28.07.2010, with all consequential benefits such as; arrears of pay for 5 years, pay fixation and seniority etc.”

FACTUAL MATRIX:

2. Grievance of the petitioner is that the petitioner was initially engaged as Beldar on daily wage basis w.e.f. 03.03.1994 in IPH Section Deothi Sub-Division No.1 in Rampur Circle, District Kinnaur. It is averred that the services of the petitioner were regularized vide order dated 13.02.2007. It is further averred that the petitioner completed 08 years of continuous service with 240 days and became eligible w.e.f. 04.03.2002 but the said benefit was not extended to him.

2(i). Learned counsel for the petitioner states that during the pendency of instant petition though the work charge status from the date of completion of 08 years of continuous service stands accorded to the petitioner w.e.f. 01.01.2002 but his grievance in instant case is that though all other similarly placed daily wagers, who have been conferred the work charge status on completion of 08 years of service have been granted actual monetary and consequential benefits from the date of grant of work charge status but the petitioner has been singled out and denied the consequential-actual monetary benefits as given to others in terms of the judgment in CWP No.2735 of 2010, titled Rakesh Kumar versus State of H.P. , decided on 28.07.2010 [Annexure A-1]. In this background, the surviving claim of the petitioner is for granting him all consequential benefits, including arrears of pay from date of conferment of work charge status as granted to others.

STAND OF THE STATE AUTHORITIES:

3. Pursuant to the issuance of notice on 31.03.2016, the Respondents No.1 to 4 have filed the reply-affidavit of Superintending Engineer, IPH Circle Reckong Peo, dated 15.06.2016.

3(i). Perusal of the Reply-Affidavit indicates that the petitioner has been granted the work charge status from due date i.e. 01.01.2002 on completion 08 years of continuous service with 240 days in each calendar year and even pay of the petitioner has also been re-fixed w.e.f. 01.01.2002 in terms of the order dated 19.10.2015 [Annexure R-1] supra. It is averred that since, work charge status stands accorded to the petitioner from 01.01.2002 i.e. the date of completion of 08 years of continuous service, therefore, the respondents have prayed for dismissal of writ petition.

REBUTTAL BY PETITIONER:

4. Petitioner filed a rejoinder and in Para 3 it is stated that consequent upon conferment of work charge status w.e.f. 01.01.2002 in terms of order dated 19.10.2005 [Annexure R-1], though the Respondents were bound to grant actual monetary benefits-arrears, upon conferment of work charge status with all consequential benefits but aforesaid monetary benefits, including arrears have not been released as yet. In rejoinder, the petitioner has relied upon the mandate of this Court in LPA No. 165 of 2021, titled the State of H.P. & Others versus Surajmani & Another, decided on 12.01.2023 to assert that the admissible monetary benefits for three years prior to filing of petition deserves to be granted upon conferment of work charge status.

5. Heard, M