Sominath vs Sominath State Of HP And Others

Sandeep Sharma, J

Learned counsel for the parties are ad idem that the case of the petitioner for conferment of work charge status on the date of completion of eight years' continuous service in work charge establishment is squarely covered by judgment dated July 28, 2010 rendered by a Division Bench of this Court in CWP No. 2735 of 2010, titled Rakesh Kuamr vs. State of H.P. & ors and other connected matters, as such, relief, as has been prayed in this regard is required to be considered accordingly.

Though, Mr. P.P. Chauhan, learned counsel for the petitioner, while claming that the petitioner being a Class IV employee, is entitled to be retired at the age of 60 years, invited attention of this Court to Notification No. PWE-95-3-75(Gen- Cir)17-ES-I-32205-32304 dated 12.3.2018, but perusal of the same clearly reveals that it is prospective as such, no benefit, if any, can be claimed by the petitioner by placing reliance on the same. In the aforesaid background, learned counsel for the petitioner seeks permission to withdraw second prayer, with liberty to raise that question in appropriate proceedings before appropriate court of law.

Consequently, in view of above, present petition is disposed of with the direction to the respondents to consider the case of the petitioner with regard to conferment of work charge status in light of Rakesh Kumar (supra) expeditiously, preferably within six weeks from today and release financial benefits thereof in favour of the petitioner, if he is found to be a similarly situate person. However, learned counsel for the petitioner is permitted to withdraw his claim as contained in prayer clauses 7(a) and 7(b) and to raise them in appropriate proceedings, before appropriate forum, if so required and desired.

Petition stands disposed of in the aforesaid terms alongwith pending applications, if any.