- HIMACHAL PRADESH JAL SHAKTI VIBHAG No. - EE/SNPD-1/SNP/CB/Estt./ Court Case/2021- })+Q dated 24 jo7/2021 To The Superintending Engineer, Jal Shakti Circle, Nurpur Subject: - Regarding status of C.W.P. No. 4489/2009. : Reference: - The Engineer-in-Chief, HP PWD, Shimla letter No. PW-LC-CWP No. 2408 & 2409/2021- Sh. Ram Dyal- 885-87 dated 13-07-2021. In this connection, it is submitted that as desired in above quoted reference the status of Ravi Kumar's case in CWP No. 4489/2009 is as under:~ It Is submitted that petitioner Ravi Kumar had filed CWP No. 4489/2009 for Grant of work charge status in terms of Rakesh Kumar's case after condonation of shortage of days during the year 1999 to 2001. The Hon'ble High Court had directed the respondents to consider the case of the petitioner for granting him work charge status after condoning the shortage of few days during the year 1999 to 2001. In the operative part in CWP No. 4489/2009 Hon’ble Court held as under: “that the respondents to consider the case of the petitioner for granting him work charge status after condoning the shortage of few days in the year of 1999, 2000 and 2001 and by re-verifying the year/ days w.e.f. 01.01.2002 till 31.12.2008.” Copy of judgment is annexed as Annexure R- ‘The department preferred appeal before the Hon’ble Supreme court of India vide SLP (C) No. 13296/2010 Titled as state of HP V/s Ravi Kumar, but the same has been dismissed by the Hon'ble Supreme Court of India on 15.01.2015. Thereafter, the petitioner filed execution petition which came to be decided by Hon'ble High Court in Execution Petition No. 336/2015 with following orders: “that the petition is disposed of with a dire: in the respondents to comply with directions, contained in the Judgment, referred to above, within a period of six weeks and report compliance before the Additional Registrar (Judi Annexure R-II. )" Copy of decision is annexed as Scanned with CamScannerThe brief facts of the case are that petitioner was engaged on daily wage ‘ basis on 07.12.1998, He worked for 203 days in 1999, 237 days in 2000 and 82 days in 2001. He was thereafter considered for granted for regularization as per policy by taking his seniority wef, 01.01.2002 and granted regularization against the policy document of 09,08.2008 having cutoff date 31.03.2008 and regularized from prospective date ie. from 2/2010 after receipt of sanction of posts vide Executive Engineer, ‘ ) Shahnehar Project Division, Sansarpur Terrace. Copy of regularization order is annexed as Annexure R-III. Accordingly the case of the petitioner was considered following directions contained in Execution Petition No. 336/2015 by the Executive Engineer, SNP Division, Sansarpur Terrace who found that petitioner even after condoning the shortage of few days during the year 1999, 2000 and 2001 completed 8 years continuous service with minimum of 240 days in each calendar year as on 31.12.2006. Whereas the Hon'ble High Court in Rakesh Kumar case has categorically held that when the work charge establishments ceased exist there is no question of granting work charge status, The petitioner who worked as daily wades beldar and the work charge status of Class-IV employees ceased to exist in the department vide order dated 12.12.2005, the petitioner completed 8 years continuous service as on 31.12.2006 ie. after the date Of abolition of work charged status of beldar category in respondents department and thus did not found the petitioner fit for grant of work charged status even after the shortage of few days to ‘complete 240 days during 1999, 2000 and 2001 is ‘counted for the purpose of seniority and rejected the case of the petitioner. Copy of consideration order passed by the competent authority is ‘annexed as Annexure R-IV. The said facts may kindly be brought to the notice of the higher office \.e, Engineer-in-Chief, Jal Shakti Vibhag Shimla please. ore _ xecutive Engineer, hah Nehar Project Division No.-1, rpur Terrace. Scanned with CamScanner