Hari Lal vs State Of H.P. And Others

M.S. Ramachandra Rao, CJ

This OA/CWPOA is filed by the petitioner for a direction to the respondents to grant him monetary benefits w.e.f. 30.08.2012.

The petitioner was initially engaged as Part-Time Water Carrier and was promoted as Whole Time Contingent paid employee alongwith 26 others and posted at GMS Kawas, District Chamba through an office order dt. 30.08.2012. Through the very same office order, his services were regularized from the date of completion of his 14 years of services. According to the respondents, however, after the office order of 30.08.2012 was passed, the petitioner did not join his duty, so he was converted as a Daily Wager through an order dt. 20.06.2015. Subsequently, he was further promoted as a regular Class-IV employee through an order dt. 17.09.2016 and posted at GSSS Tissa, District Chamba, Himachal Pradesh.

Petitioner then filed O.A. no.1342 of 2015 before the then Himachal Pradesh Administrative Tribunal stating that he should be promoted as a Whole Time Contingent paid employee from the date his juniors were promoted alongwith arrears of pay, allowances & consequential benefits and his services should also be regularized as per the seniority with consequential benefits.

The said original application was allowed on 19. 07.2017 partly and only the relief of directing the respondents to confer status of water carrier on daily wage basis from the date his juniors were given the said status, was granted. The other reliefs that he should be paid arrears of pay, allowances and consequential benefits were denied.

Petitioner did not question the said order. The respondents also did not question the said order and granted to the juniors were promoted.

Petitioner has filed the instant OA/CWPOA contending that he should have been granted actual monetary benefits also w.e.f. 30.08.2012 with interest @ 9% per annum.

Since the said reliefs sought by the petitioner in O.A. no.1342 of 2015 were not granted, and since the order dt. 19. 07.2017 in the said OA has not been challenged by the petitioner by contending that he should also be given the actual monetary benefits from 30.08.2012, it is not open to the petitioner to make the said claim in this OA/CWPOA. This is because the denial of said benefits in the previous O.A. no.1342 of 2015 would operate as a bar for making a fresh claim in this OA/CWPOA.

Accordingly, this CWPOA is dismissed alongwith pending miscellaneous application(s), if any.