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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Baldev Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, Judge
Petitioner, Baldev Singh, initially filed Original Application No.6448 of 2017 before the State Administrative Tribunal and upon abolition of Tribunal, the matter stood transferred to this Court, as CWPOA No.3316 of 2020, seeking the following reliefs :-
“(i). That the respondents be directed to regularize the service of the applicant after 8 years service w.e.f. 01.01.2003 with all consequential benefits i.e. arrear of pay, seniority and pension etc.
(ii). The respondents be directed to grant interest @ 12% per annum from due dates from all monetary benefits to which the applicant is entitled.”
FACTUAL MATRIX:
2. Grievance of the petitioner is that he was appointed as daily wage Supervisor in Development Block Paragpur, District Kangra, on 01.01.1995 and his services were regularized on 22.09.2007 [Annexure P-2] where he joined on 11.10.2007.
2(i). By way of instant petition, the petitioner has prayed for granting him the regularization or work charge status from the date of completion of 8 years of continuous service w.e.f. 01.01.2003, in terms of the judgment passed by this Court in Rakesh Kumar versus State of Himachal Pradesh and others , CWP No.2735 o
Daily wagers entitled to work charge status after 8 years continuous service with notional pay fixation, annual increments prospectively sans arrears; such service counts for pensionary benefits.
Daily wagers entitled to work-charged status after 8 years continuous service from due date, restricted to notional pay fixation and increments sans past arrears, even post-regularization or absent w....
Daily wagers gain work charge status after 8 years continuous service (240 days/year), limited to notional benefits without arrears, even post-regularization or sans work charge setup.
Daily wagers entitled to work-charged status after 8 years continuous service from due date with notional pay fixation benefits only, no past arrears, despite subsequent regularization or establishme....
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....
Daily waged workers entitled to work-charged status after 8 years continuous service (240 days/year); notional benefits include pay fixation and annual increments without past arrears.
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 arr....
Disputed prior daily wage service claims require Industrial Tribunal adjudication, not writ court; post-1993 daily wagers entitled to work-charged status after 8 years continuous 240-days service wit....
Daily wagers granted work charge status after 8 years service entitled only to notional pay fixation benefits prospectively, without past arrears; such arrears to others deemed excess and recoverable....
The court ruled that employees must be granted work charge status from the date of completion of eight years of service to ensure fairness and prevent discrimination, aligning with Articles 14 and 16....
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