Prem Singh v. State of H.P. through Secretary (PWD) to the Govt. of H.P., Shimla
Case at a glance
Outcome
Disposed of
In view of the above, the petition stands disposed of so
Provisions considered
Key paragraphs
- Para 55. In view of the above, the petition stands disposed of so also the pending miscellaneous application(s), if any. October 05, 2012 (BSS) ( V.K. Ahuja ), Judge
Judgment
Judgment
#2. 3. State of H.P. through Secretary (PWD) to the Govt. of H.P., Shimla, H.P. E-in-C, HPPWD, US Club, Shimla, H.P. Executive Engineer, B&R Division, HPPWD, Joginder Nagar, Distt. Mandi, H.P. (cid:133) Respondents Application under Section 19 of the Administrative Tribunals Act, 1985. Coram :
The Hon(cid:146)ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the petitioner: Mr. P.P. Chauhan, Advocate. For the respondents: Mr. J.S. Guleria, Assistant Advocate Advocate. V.K. Ahuja , J. (Oral): The petitioner has filed the application under Section 19 of the Administrative Tribunals Act before the erstwhile State Administrative Tribunal, which on its abolition, was transferred to this Court and was registered as CWP-T No. 2651 of 2008.
#2. The petitioner alleged that he was initially engaged by the respondent department as daily wage Mason Special Grade-I with effect from 1986. It was alleged that the petitioner has worked for 240 days in each calendar year and on completion of ten years 1Whether reporters of Local Papers may be allowed to see the judgment? 2 service, he was entitled to be confirmed as such. The petitioner has prayed that he be regularized by the respondent department against the post of Mason Special Grade-I with effect from 1.1.1996.
#3. In reply filed by the respondents, they pleaded that the petitioner has worked since 1986 up to 1989 for a period of over 240 days, thereafter in 1990, he worked for 220 days only and in 1993 for 144 days only. Thereafter, he worked in the category of Mason Special Grade-I.
#4. Reliance has been placed by the learned counsel for the petitioner upon a decision of this Division Bench in Gauri Dutt & Ors. Vs. State of H.P., Latest HLJ 2008 (HP) 366. The petition is allowed accordingly and the petitioner shall be entitled to the relief as per the above decision and on the basis of the decision rendered in Mool Raj Upadhayaya(cid:146)s case, as approved by the Hon(cid:146)ble Supreme Court and accordingly, the case of the petitioner for regularization as Mason Special Grade-I, shall be considered by the respondent No. 2 within a period of three months, on production of a certified copy of this order before him by the petitioner. The petitioner shall be entitled to all the consequential benefits also.
#5. In view of the above, the petition stands disposed of so also the pending miscellaneous application(s), if any. October 05, 2012 (BSS) ( V.K. Ahuja ), Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the petition stands disposed of so
Which statutory provisions did this judgment involve?
Administrative Tribunals Act, 1985 — s. 19; Administrative Tribunals Act — s. 19.
Which court decided this case, and when?
Himachal Pradesh High Court, on 05 Oct 2012. The bench was V K AHUJA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.