Himachal Pradesh High Court
Krishan Lal Alias Krishan Chand vs State Of Himachal Pradesh And Others on 2 May, 2015
Author: Rajiv Sharma
Bench: Rajiv Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 11761/2011 Decided on: 2.5.2015 .
___________________________________________________ Krishan Lal alias Krishan Chand. ...Petitioner.
Versus State of Himachal Pradesh and others. ...Respondents.
______________________________________________________________ Coram:
Hon'ble Mr. Justice Rajiv Sharma, Judge.
Whether approved for reporting? 1 For the Petitioner: Mr. R.S. Gautam, Advocate.
For the Respondents: Mr. Parmod Thakur, Addl. A.G. with Mr. Neeraj Sharma, Dy. A.G. _________________________________________________________ Justice Rajiv Sharma, Judge (oral).
Petitioner's wife Brahmi Devi (deceased) was engaged as Mazdoor on daily wage basis on 1.1.1986. It is evident from Annexure R-1 that she worked continuously till 1995 and completed 240 days in each calendar year. Brahmi Devi was regularized vide order dated 19.3.1998 with effect from 21.1.1998. Brahmi Devi's case for regularization was bound to be considered as per the law laid down by the Lordships of the Hon'ble 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 15/04/2017 18:06:02 :::HCHP 2
Supreme Court in Mool Raj Upadhya's case immediately after the completion of ten years on 1.1.1996 instead of 21.1.1998.
.
2. Accordingly, the writ petition is allowed.
Deceased Brahmi Devi shall be deemed to have been regularized with effect from 1.1.1996 instead of 21.1.1998 with all the consequential benefits, including revision of pay scale, gratuity and back wages etc. to be r to paid and released to the petitioner within a period of six weeks from today. Pending application(s), if any, also stands disposed of. No costs.
(Justice Rajiv Sharma), Judge.
2.5.2015 *awasthi* ::: Downloaded on - 15/04/2017 18:06:02 :::HCHP