CWP(T) No. 11754/2008 20.10.2010 Present: Mr. L. N. Sharma, Advocate, for the petitioner Ms. Anjula Khajuria, Advocate, for the respondents It is not in dispute that the decision rendered by the erstwhile Himachal Pradesh Administrative Tribunal in OA No. 2748/99 titled as Pyare Lal vs. H.P. State Electricity Board & Ors., (a copy of which is taken on record), has attained finality. Petitioner’s services were orally terminated w.e.f. 24.11.1998 and pursuant to the order passed in the aforesaid case, he was re-engaged w.e.f. 5.11.2001. It is his grievance that even though he has completed 10 years of continuous service yet benefits of the policy of regularization/ according work charged status have not been given to him. 2. Defence taken by the respondents is that petitioner was not on the roll of the respondents w.e.f. 25.11.1998 upto 4.11.2001 and thus due to break in service, he has not completed ten years of service on daily wages. 3. Operative portion of the order passed in Pyare Lal (supra) reads as under:- “In view of the above facts and the fact that no statutory notice under the Standing Orders of the Board had been issued, the oral termination order of the services of the applicant is illegal and bad in law. This oral termination is set aside and the respondents are directed to re-engage the applicant at the same place or in the vicinity from where his services had been dis- engaged without any undue delay. The applicant will be entitled for seniority for the period in between dis-engagement and re- engagement as per rules but he will not be entitled for back wages.” (Emphasis supplied) 4. Petitioner was entitled to all benefits of seniority. The Tribunal held him not entitled to back wages only. Thus stand taken by the respondents is contrary to the directions (letter and spirit) of the order passed by the Tribunal. 5. Respondents are directed to consider the case of the petitioner for according benefits under the policy of regularization/according work charged status, in accordance with law. While doing so they shall take into account the period between 25.11.1998 upto 4.11.2001. 6. Needful be done positively within a period of three months from the date of receipt of the certified copy of the order. Arrears, if any, be also disbursed within the aforesaid period, failing which, thereafter petitioners shall be entitled to interest @9% per annum. With the aforesaid observations, petition stands disposed of. ( Sanjay Karol ), Judge. October 20, 2010 (rana)