Kumar Sen vs State of H.P. and Another

Kurian Joseph, C.J.—The writ petition is filed with the following prayer:

(i) That writ in the nature of mandamus may kindly be issued directing the Respondents to consider the case of the Petitioner to give him all the consequential benefits flowing from the service rendered by him on daily waged basis beyond 8 years in light of 8 years policy of the State Government as well as judgment rendered by this Hon''ble High Court in Rakesh Kumar v. State of H.P. since the Petitioner was engaged as daily waged Beldar in the Respondent-department on 1.9.1997 and he was entitled to get the regularization on 1.9.2005 whereas, he was given regularization after a delay of 5 years i.e. 1.2.2010.

The Petitioner claims work charge status/regularization/consequential benefits on completion of eight years of continuous service as daily waged worker. According to the Petitioner, the issue is covered in his favour by the judgment of this Court rendered in CWP No. 2735 of 2010 titled Rakesh Kumar v. State of H.P. and Ors..

Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. Petitioner submits that he would file appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for him to do so.

It is for the Respondents to examine the matter. We are informed that the State has filed an appeal against the above mentioned decision. Therefore, it is made clear that the implementation of the judgment referred to above would depend on the outcome of the decision of the Apex Court. The needful action, after verifying the facts will be taken within a period of two months from the date of the judgment of the Apex Court.

The writ petition is disposed of, so also the pending applications, if any.