IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. (T) No. 14372 of 2008. Decided on 25.02.2011. _____________________________________________________ Lal Singh. …Petitioner. -Versus- The State of Himachal Pradesh and Others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. A.K. Gupta, Advocate. For the respondents. : Mr. A.K. Bansal, Additional Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner was engaged as a Beldar in the year, 1989. He fell sick w.e.f. 04.06.1994 to 18.08.1994. Thereafter, the petitioner had been continuously working as Beldar on daily wage basis. Petitioner has placed on record a copy of the medical certificate duly issued by the Medical Officer of I.G.M.C., Shimla vide Annexure P-1. Petitioner has continuously worked w.e.f. 1989 till the filing of the petition, except there is break of 80 days w.e.f. 04.06.1994 to 18.08.1994. The same ought to have been condoned by the respondents while counting the period of 8/10 years’ continuous service with 240 days in each calendar year for conferment of work charge status to the petitioner. The break can be due to cessation of work or lack of funds. The petitioner cannot 1 Whether the reporters of the local papers may be allowed to see the judgment?. - 2 - be discriminated for the grant of work charge status on the ground that there is break of 80 days w.e.f. 04.06.1994 to 18.08.1994, which had occurred due to illness as per the medical certificate duly signed by the Medical Officer. 2. Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. The respondents are directed to consider the case of petitioner for conferment of work charge status by condoning the delay of 80 days, which has occurred between 04.06.1994 to 18.08.1994, with all consequential benefits, within a period of two months from the date of production of a certified copy of this judgment by the petitioner. No costs. (Rajiv Sharma) Judge February 25, 2011. (bhupender) - 3 - `