Tilak Raj vs State of H.P. and Others

Kurian Joseph, C.J.

CMP (M) No. 1463 of 2010.

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

LPA No. 300 of 2010.

The Appellant is aggrieved by the judgment of the learned Single judge dated 6.4.2010 in CWP (T) No. 16023 of 2008. The Appellant claimed regularization on completion of 10 years of service from 1993. The learned Single Judge on verification of the records found that the continuous service is only from 1994 and hence the regularization granted in 2006 subject to availability of vacancy is in order. The 2 grievance of the Appellant is that in view of the judgment of this Court in Rakesh Kumar v. State of H.P. and others in CWP No. 2735 of 2010, in case there is no vacancy to grant the regularization, he should have been conferred work charge status. It is for the Appellant to approach the third Respondent by way of an appropriate representation producing a copy of the judgment, referred to above in which case the matter will be duly considered by the third Respondent and appropriate action in accordance with law in the matter without discriminating the Appellant shall be taken within another four months. The judgment of the learned Single Judge is modified to the above extent.

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