Ashraf Ali vs State of Himachal Pradesh and Others

Rajiv Sharma, J.—The learned erstwhile Himachal Pradesh Administrative Tribunal has delivered the judgment in this case on 31st May, 2007, the operative portion of which reads thus:

As a result, the Respondents are directed to grant work charged status to the applicant as Mason w.e.f. 1.1.2000 with all the consequential benefits. This order to be implemented within a period of six weeks from the date of this order.

Mr. Chandernarayana Singh, learned Counsel for Respondent No. 3 submits that there is no policy of the Municipal Council, Nahan to confer work charged status. However, the case of the Petitioner can be considered for regularization. He further submits that the case of the Petitioner for relaxation in educational qualifications has already been taken up with Respondent No. 1, however, final decision has not been taken by the State till date.

Consequently, there shall be a direction to Respondent No. 1 to consider the case of the Petitioner for relaxation in educational qualifications. Thereafter he may be considered for regularization instead of work charged as ordered by the Himachal Pradesh Administrative Tribunal on 31st May, 2007. It is made clear that regularization will follow only after he had completed eight years.

In view of the observations made hereinabove, the petition stands disposed of, so also the pending application(s), if any.