KAHAN CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The controversy involved in the present original application has long since been settled. The applicant is aggrieved by the impugned action of the respondents whereby they are not going to pay the pension to the applicant as they have not prepared Pensionary documents of the applicant.

(2.) The applicant was initially engaged on daily wages basis as mistry in 1973 and he has completed more than 240 days in each calander year for regularization. A perusal of the details of working of the applicant for the period from 1973 to 1988. Annexed as annexure A -a would show that the applicant has completed fifteen years of service upto 31.12.1987. He was given a status of work charged mistry in the year 1992 in the pay -scale of Rs. 950 -1800, Annexure A -2, thereafter the respondents have confirmed and promoted the applicant as Road Inspector in January, 1996 and the applicant was discharging his duties as such.

(3.) The applicant has retired on attaining the age of superannuation in 2002. The arbitrary and illegal action of the respondents in not regularising the services of the applicant from due I date has resulted in huge financial loss as well as the future consequential benefits, like Pensionary and allied benefits etc. The? applicant is only 4th class educated. The applicant was genuinely and legitimately expecting that the services of the applicant will be . regularised retrospectively i.e. 4/1983 when the applicant has completed minimum ten years of service for being regularised. It is also stated that the respondents have regularised the service of Chatter Singh Mehta working as Road Inspector in Sub Division, Jubbal and Krishan Lal, work inspector working in Sub Division, Hatkoti form due dates ignoring the claim of the applicant for being regularised from the due date. The applicant made a detailed representation to the respondents on 16.18.2001 (Annexure A -3). However, the respondents have not chosen to decide the same till date. The applicant also made representation to the Honble Chief Minister on 4.12.2001, Annexure A -4) and in that representation also nothing has been heard so far.