Himachal Pradesh High Court
Sh. Deep Chand vs Himachal Pradesh Housing Urban ... on 17 April, 2015
Bench: Rajiv Sharma, Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 1606 of 2015.
Decided on: 17.4.2015.
Sh. Deep Chand ......Petitioner.
Versus
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Himachal Pradesh Housing Urban Development Authority & anr. .......Respondents.
Coram
The Hon'ble Mr. Justice Rajiv Sharma, Judge.
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting? 1
For the petitioner: Mr. L.N.Sharma, Advocate.
For the respondents: Mr. C.N.Singh, Advocate.
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Justice Rajiv Sharma, J. (oral)
Reply not filed. The right to file reply is closed.
2. The petitioner was engaged as Beldar on daily wage basis in the month of July, 1991. He was issued the mustrol of Work Inspector in the month of September, 1992. Though the petitioner has completed 10 years of continuous service with 240 days in each calendar year in the year 2002, but he was conferred work charge status only w.e.f. 17.7.2007.
3. One Sh. Basu Dev, similarly situated employee approached the erstwhile H.P. State Administrative Tribunal, seeking conferment of work charge status immediately after completion of ten years. The Original Application was transferred to this Court and assigned CWP(T) No. 11858/2008. It was decided in favour of Sh. Basu Dev. The respondent- Board preferred LPA No. 491 of 2011, which was dismissed by this Court on 15.5.2012.
4. The petitioner approached this Court by way of Civil Writ Petition No. 2118 of 2014 seeking conferment of work charge status immediately after completion of 10 years of service on the analogy of decision of LPA No. 491 of 1 Whether reporters of the local papers may be allowed to see the judgment? ::: Downloaded on - 15/04/2017 18:00:33 :::HCHP 2 2011. The writ petition was disposed of by this Court on 17.4.2014 by directing the respondent-Board to consider the case of the petitioner on the analogy of decision in LPA No. 491 of 2011. The fact of the matter is that though the petitioner has been conferred with work charge status w.e.f.
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1.1.2003 instead of 17.7.2007 but on notional basis and was held entitled for arrears of financial benefits on actual basis prior of 3 years. Mr. L.N.Sharma, Advocate, for the petitioner has drawn the attention of the Court to Annexure P-5 dated 19.7.2014 and Annexure P-6 dated 23.7.2014, whereby similar situated employees have been granted all consequential benefits. The cases of Sh. Deepak Kumar and Dheeraj Sharma, have also been considered in view of the judgment of this Court in LPA No. 491 of 2011 dated 15.5.2012.
5. The petitioner has been treated differently by the respondent- Board. The respondent-Board is State within the meaning of Article 12 of the Constitution of India. The decision of the respondent-Board to deny the consequential benefits to the petitioner and granting the same to Sh. Deepak Kumar and Dheeraj Sharma, though similarly situated, is arbitrary.
6. Accordingly, the Writ Petition is allowed. The respondents are directed to grant all the consequential benefits to the petitioner on the analogy of Sh. Deepak Kumar and Dheeraj Sharma, within eight weeks from today.
( Rajiv Sharma ), Judge.
April 17, 2015, ( Sureshwar Thakur ),
(karan) Judge.
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