Pratap Chand Kainthala and Others vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition has been filed with the following prayers:

(i) That a writ of certiorari may kindly be issued for quashing the said notification being discriminatory in nature and the benefit of work charge status from the due date which has been allowed to the workmen of HP PWD & IPH Departments may be ordered to be granted to the Petitioners also from the date they completed 10 years service with all the benefits incidental thereof such as full back wages, seniority and pay fixation etc.

(ii) That in the alternative the Respondents-State may be ordered to extend the benefit of said notification to the workmen/employees/Petitioners from the due date in the light of a decision rendered in Mool Raj Upadhayaya v. State of H.P. with all the benefits incidental thereof such as full back wages, seniority and pay fixation etc.

According to the Petitioners, the issue is covered by Mool Raj Upadhyaya Vs. State of H.P. and Others, There will be a direction to the first Respondent/competent authority to look into the matter and take appropriate action in accordance with law in the matter, adverting to the submissions made by the Petitioners in the writ petition within four months from the date of production of the copy of this judgment alongwith the copy of the writ petition by the Petitioners before the first Respondent.

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