IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No. 350 of 2010 Date of Decision:30th August, 2011 State of H.P. and another Appellants Versus Ashwani Kumar Respondent Coram The Hon’ble Mr. Justice Kurian Joseph,C.J. The Hon’ble Mr. Justice Sanjay Karol,J. For the Appellants: Mr. R.K.Bawa, Advocate General, with Mr. Ankush D. Sood, Addl. Advocate General. Advocate For the respondent: Mr. Ramakant Sharma, Advocate Sanjay Karol, J. (Oral) Shri Satish Gupta, D.F.O. (Wild Life) is present alongwith relevant record, which stands inspected by the learned counsel for the respondent. 2. There is a serious dispute with regard to the fact that respondent-employee had completed 240 days in a calendar year as a Mali. 3. However, according to the respondent, persons junior to him have been engaged on regular basis whereas according to the appellants, only labourers on casual basis have been employed and that too for a specific project work. 4. In any event, State has no objection in engaging the respondent as a casual labourer in the next available vacancy. In this regard, respondent agrees to visit the office of the D.F.O. (Wildlife), 2 Hamirpur, on 5th September, 2011 at 11 a.m. Appellants shall engage the respondent as a casual labourer on the first available vacancy on any of projects in the Forest Division, Hamirpur. 5. Impugned judgment dated 19.5.2010 passed in CWP No. 2943 of 2009 is accordingly set aside. 6. With the aforesaid observations, present appeal is disposed of. Authenticated copies to the parties. (Justice Kurian Joseph) Chief Justice (Justice Sanjay Karol) 30th August, 2011 Judge. (C)