Raghu Nath vs State Of H.P. & Others

M.S. Ramachandra Rao, CJ

In  this  Writ  petition,  the  issue  which  arises  for consideration is whether the order passed by the 2nd respondent in February 2018 rejecting the petitioner’s request for regularization of his services w.e.f. 15.06.2000 on competition of 8 years of service on daily wage basis is correct or not.

The impugned order indicates that the basis for rejection of the petitioner’s claim is the fact that the Animal Husbandry Department where he was employed was not a work charge establishment.

This issue has been considered by this Court in State of H.P. & others vs. Surajmani and another, LPA No.165 of 2021, decided on 12.01.2023 and it was held that existence of work charge establishment was not a prerequisite for conferment of work charge status and reliance was placed on the judgment dt. 10th May, 2018 of the Division Bench of this Court in State of H.P. & others vs Ashwani Kumar, CWP No.3111 of 2016 and its confirmation by the Supreme Court in Civil Appeal No.5753 of 2019 on 22.07.2019. However, in terms of the said judgment the benefits, subsequent to conferment of work charge status, would be restricted to 3 years prior to filing of OA(D) No.169 of 2004 by the petitioner herein.

In view of the above, the Writ petition is disposed of alongwith pending application(s), if any.