IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2837 of 2010. Decided on: 28th June, 2010. Jatinder Kumar. ….. Petitioner. Versus State of H.P. and others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner : Ms. Suvrata Sood, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) This writ petition pertains to the claim made by the petitioner for conferment of work charge status/regularization, after condoning short breaks. 2. According to the petitioner, the issue is covered in their favour by a Division Bench judgment of this Court dated 1st December, 2009 in CWP No. 4367 of 2009. Referring to the judgment of the Supreme Court, the Bench held as follows:- “Their Lordships of the Hon’ble Supreme Court in Mohd. Abdul Kadir and another vs. Director General of Police, Assam and others, (2009) 6 SCC 611 have held as under: “18. We are therefore of the view that the learned Single Judge was justified in observing that the process of termination and reappointment every year should be avoided and the appellants should be continued as long as the Scheme continues, but purely on ad hoc and temporary basis, coterminous with the Scheme. The 2 Circular dated 17.3.1995 directing artificial breaks by annual terminations followed by fresh appointment, being contrary to the PIF Additional Scheme and contrary to the principles of service jurisprudence, is liable to be quashed.” (emphasis supplied) Consequently, in view of the definitive law laid down by their Lordships of the Hon’ble Supreme Court, the respondents ought to have condoned the shortage of few days in the years 1999, 2000 and 2001 while calculating 240 days. The petitioner has worked uninterruptedly w.e.f. 1999 to 2008. He has completed eight years of service, as prescribed under the norms laid down by the State Government for conferring work charge status. Consequently, the respondents are directed to consider the case of the petitioner for granting him work charge status after condoning the shortage of few days in the years of 1999, 2000 and 2001 and by re-verifying the years/days w.e.f. 1.1.2002 till 31.12.2008. This exercise be completed by the respondents within a period of eight weeks from today.” 3. Thereafter in CMP No. 2308 of 2010 in the same writ petition, CWP No. 4367 of 2009, on 4.6.2010, the Bench passed the following order:- “Mr. Rajinder Dogra, learned Additional Advocate General fairly submits that the judgment, rendered by this Court on 1st December, 2009 in CWP No. 4367 of 2009 shall be implemented in letter and spirit within a further period of two months from today. In view of this, the application stands disposed of.” 3 4. In the above circumstances, this writ petition is disposed of as follows. 5. In case the petitioner herein is also similarly situated, as the petitioners covered by the judgment, referred to above, in CWP No. 4367 of 2009, a similar treatment shall be extended to the petitioner, herein also. The needful shall be done within a period of two months on the production of a copy of this judgment alongwith the copy of the writ petition by the petitioner. The writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice 28th June, 2010. (Justice Kuldip Singh) (tr) Judge