Daily wagers entitled to work charge status from date of completing eight years continuous service (240+ days/year); later abolition ineffective; limited to notional pay fixation benefits without arrears.

JUDGMENT :

Ranjan Sharma, J.

Petitioner Bhag Chand, has come up before this Court, seeking the following relief:-

“Directing the respondents to regularize the service of the petitioner w.e.f. 1.1.2003 instead of 23.1.2007, on the analogy of Shri Som Dass son of Shri Parma Nand working in the Forest Department and the petitioner being similarly situated, in view of Annexure P-5 or in the alternative, to grant work charged status w.e.f. 1.1.2005 in view of Mool Raj Upadhaya’s judgment, with all consequential benefits including seniority and arrears accruing thereon on this account.”

FACTUAL MATRIX:
2. Grievance of the petitioner is that he was engaged as a Beldar on Daily Wage Basis in January, 1995 in HPPWD Sub Division Anni, District Kullu, (H.P.). Though his services were regularized as Beldar on 23.01.2007 but, he claims the benefit of regularization/work charged status from the date he completes 8 years of continuous daily wage service w.e.f. 01.01.2003. It is further averred that the benefit of conferment of work charge status, on completion of 8 years of service has been given to other daily wager namely Som Dass, in the Forest Department and the petitioner being similarly placed is entitled for similar treatment. Petitioner has relied upon the judgment passed in O.A. No.3625 of 1999, titled as Som Dass versus State of Himachal Pradesh and others, decided on 17.05.2005, [Annexure P-2] against which the CWP No.420 of 2006, titled as State of Himachal Pradesh and others versus Som Dass was dismissed by upholding the order of the Erstwhile Tribunal, claiming benefit of the judgment in the case of Som Dass (supra) [Annexure P-2 and Annexure P-3], the petitioner submitted a representation to the Principal Secretary [PWD] to the Government of Himachal Pradesh on 11.11.2011 [Annexure P-4], claiming the benefit of work charge status from the date he completes 8 years of continuous service as daily wager w.e.f. 01.01.2003. Petitioner has placed on record the orders dated 31.07.2009 [Annexure P-5] and dated 29.08.2009 [Annexure P-5 colly] whereby, the judgment in the case of Som Dass (supra) stands implemented by conferring the benefit of retrospective regularization/work charge status, from the date he completes the requisite service. In this background, the petitioner is claiming the benefit of work charge status from the date he completes 8 years of continuous daily wage service, on the analogy on which the benefits have been extended to other similarly placed incumbents, claiming parity and alleging discrimination in case of the petitioner.

STAND OF THE STATE AUTHORITIES IN THE REPLY-AFFIDAVIT:
3. Respondents have filed the Reply-Affidavit of Superintending Engineer, 11th Circle, HPPWD Rampur Bhshahr (HP) dated 09.05.2012.
3(i). Reply-Affidavit admits that the petitioner was engaged as Beldar in HPPWD during the year 1995 and has worked till 23.01.2007 on daily wage basis. Reply-Affidavit also places on record Mandays Chart [Annexure R-1] which reveals that the petitioner has rendered continuous service with more than 240 days from 1995 till 2003 and thereafter.
Para 2 of the Reply-Affidavit indicates that services of the petitioner stands regularized vide order dated 23.01.2007, [Annexure R-2] by the State Authorities. It is further averred that since the work charge category in PWD stands abolished in August, 2005, therefore, the claim for conferring the work charge status from the date of completion of 8 years of continuous service is not tenable. In this background the State Authorities have opposed the claim of the petitioner for work charge status from the date of completion of 8 years of continuous service

4. Heard, Ms. Divya Jyoti, Learned Counsel for the petitioner and Mr. Amit Kumar Chaudhary, Learned Deputy Advocate General for the respondents-State.

ANALYSIS:
5. Taking into account the entirety of the facts and circumstances and the materi