S.BCWP NO.5495/94-Shanker Singh vs. State of Raj. & Ors. Order dt: 21/4/2009 1/4 S.B.CIVIL WRIT PETITION NO.5495/94 (Shanker Singh vs. State of Raj. & Ors.) DATE OF ORDER : 21/4/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Ms.Aruna Negi, for the petitioner. Mr.M.A.Siddiqui, Addl. Government Counsel. Heard learned counsels. The relief claimed in this writ petition is that the petitioner may be granted semi permanent status upon completion of 02 years of his service from the date of his initial appointment dated 1/8/1963 and also to grant him permanent status after completion of 10 years service under the Work Charged Employees Rules, 1964. The respondents had taken a stand before this Court that initial date of appointment of petitioner was 1/6/1971 and not 1/8/63. Accordingly, this Court directed the respondents to produce the original record of service and also summoned the officer to this court. Learned counsel for the respondents has produced the record of employment of petitioner before this Court and submits that the initial date of appointment of petitioner as casual labour is 1/8/1963. He further points out that by amendment Notification dated 18/1/1989 S.BCWP NO.5495/94-Shanker Singh vs. State of Raj. & Ors. Order dt: 21/4/2009 2/4 the Forest Department was also included in the Departments to which the Work Charged Employees Rules, 1964 were made applicable except that section of the Forest Department which dealt with the Departmental/Clerical works. Admittedly, since the petitioner was working as casual labourer at `Aara Machine' (Cutting machine) in Forest Department, therefore, he would not come in the excluded category and by amendment Notification dated 18/1/1989 the Rules of 1964 became applicable to him also. After hearing the learned counsels and verifying the position of law and service record, this Court finds no good ground on which petitioner could have been denied the status of semi permanent or permanent employee upon completion of two years and ten years of service respectively from the date of his initial appointment i.e. 1/6/1963. Once it is held that Work Charged Employees Rules, 1964 became applicable to the petitioner working in the Forest Department, the respondents ought to have granted him the status as per said Rules of 1964. The denial of that right to the petitioner has brought the petitioner before this Court. In the facts and circumstances of the case, this Court finds that this writ petition deserves to be allowed and petitioner is entitled to S.BCWP NO.5495/94-Shanker Singh vs. State of Raj. & Ors. Order dt: 21/4/2009 3/4 the semi permanent and permanent status after completion of two years and ten years of service from the date of initial appointment on 1/8/1963. The petitioner is reported to have retired from service of respondent Department upon achieving the age of superannuation. He was 58 in 1994 as per the affidavit filed with the writ petition. Accordingly, the writ petition is allowed and respondents are directed to grant the petitioner semi permanent and permanent status after completion of two years and ten years of service respectively from the date of his initial appointment i.e. 1/8/1963 and grant him all consequential benefits including the pensionary benefits as per the Rules applicable. The aforesaid exercise may be completed within a period of three months from today and monetary benefits flowing from such grant of status to him may be paid to him within the aforesaid period of three months. If the respondents fail to pay the aforesaid benefits to the petitioner, the petitioner shall be entitled to interest @ 9% p.a. after the expiry of said period of three months, which shall be paid by the State and also cost of Rs.2000/- which cost shall be borne by the Head of Department personally. (DR.VINEET KOTHARI), J. S.BCWP NO.5495/94-Shanker Singh vs. State of Raj. & Ors. Order dt: 21/4/2009 4/4 item no.14 baweja/-