Himachal Pradesh High Court
Arvind Singh vs State Of H.P. & Ors. R To on 2 August, 2024
Author: Virender Singh
Bench: Virender Singh
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPOA No. 986 of 2020
Decided on : 2.8.2024
.
Arvind Singh
..Petitioner
Versus
State of H.P. & ors. r to .......Respondents
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Bonit Thakur,
Advocate.
For the respondents: Mr. Tejasvi Sharma, Addl.
A.G.
1
Whether the reporters of Local Papers may be allowed to see the judgment?
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2
Virender Singh, Judge (oral)
CMP-T No. 542 of 2020
By way of present application, indulgence of .
this Court has been sought to expedite the hearing of the case.
Considering the factual position, as mentioned in the application, the present application CWPOA No. 986 of 2020 r to is allowed and the same is disposed of as such.
3. Petitioner Arvind Singh has invoked the jurisdiction of the erstwhile H.P. Administrative Tribunal, under Section 19 of the Administrative Tribunals Act, 1985, by way of Original Application No. 6949 of 2016, seeking the following relief(s):
"(a) That the impugned order dated 12.4.2016, Annexure A-3 may kindly be quashed and set aside, with all consequential benefits.
(b) That respondents may kindly be directed that the applicant is entitled for regularization/the work charge status on completion of 8 years of continuous service with 240 days in each calendar year and thereafter period he is entitled for regular pay scale.
(c) That the respondents may kindly be directed to pay interest of delayed payment of arrears of salary on market rate."
4. The issue in question stands authoritatively decided by the learned Principal Bench of this Court ::: Downloaded on - 02/08/2024 20:36:20 :::CIS 3 vide LPA No. 165 of 2021 in case titled 'State of Himachal Pradesh & others vs. Surajmani & another, alongwith connected matters, decided on 12.1.2023, .
which is now pending consideration before the Hon'ble Supreme Court.
5. In this view of the matter, we deem it appropriate to dispose of this petition by directing the respondents to grant work charge status to the petitioner on completion of eight years of service with all consequential benefits. The monetary benefits shall be confined to three years from filing of Original Application No. 6949 of 2016, titled as "Arvind Singh versus State of H.P. and others". Ordered accordingly.
However, all this, of course, shall be subject to the outcome of Surajmani's case (supra).
4. Accordingly, the instant petition stands disposed of in the aforesaid terms, so also the pending application(s), if any.
(Virender Singh) Judge August 2, 2024 Kalpana ::: Downloaded on - 02/08/2024 20:36:20 :::CIS