The State of H.P. and Others vs Chuhru Ram

Kurian Joseph, C.J.

CMP(M) No. 1163 of 2010

Heard. The delay in filing the appeal is condoned and the application is disposed of.

LPA No. 248 of 2010

The State has come up in an appeal against the judgment dated 8.3.2010 in CWP(T) No. 215 of 2008. The Learned Single Judge having taken note of the fact that the writ Petitioner had completed only 205 days in the year 2001 and also taking note of the fact that in respect of all other years the writ Petitioner had completed 240 days, issued a direction to condone the shortage of 35 days in the year 2001 while counting ten years continuous service.

Learned Counsel for the writ Petitioner submits that in respect of 35 days the writ Petitioner, he had submitted medical certificate, which has been produced along with the writ petition as Annexure A-1. It is provided in the guidelines that while counting the continuous service for the purpose of conferment of work charge status or regularization, any period covered by medical certificate also has to be taken into consideration. It appears that no orders have been passed on the request made by the writ Petitioner to count the said period of 35 days covered by the medical certificate. In that view of the matter, we set aside the judgment of the Learned Single Judge and the appeal is disposed of with a direction to the third Respondent to look into Annexure P-3, representation and medical certificate produced by the writ Petitioner and take appropriate action thereon in accordance with law. In case it is found that the period is covered by valid medical certificate, appropriate action for counting it as continuous service for the purpose of conferment of work charge status/regularization shall be taken by the third Respondent. The needful, as above shall be done within a period of two months from the date of production of a copy of this judgment along with copy of the writ petition. Eligible benefits consequent on the consideration as above, shall be disbursed to the writ Petitioner within another one month.

As far as counting of 50% of the service rendered on daily wage basis for the purpose of pension is concerned, it will be open to the writ Petitioner-Respondent herein to approach the third Respondent after the outcome of the decision in Sarab Dayal v. State of H.P. and Ors. and appropriate action in the light of the judgment therein will be taken by the third Respondent within another two months from the disposal of the above said case.

The appeal is disposed of, so also the pending application(s), if any.