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Himachal Pradesh High Court · body

2005 DIGILAW 144 (HP)

SOM DASS v. STATE OF H. P.

2005-05-17

BAKHSHISH KAUR, D.S.AMIST

body2005
ORDER Ms. Bakhshish Kaur, (Retd.) Chairman: - The applicant initially appointed as Beldar in the year 1979 is aggrieved by the act of the respondents in not regularizing his services after completion of 10 years of service. He ought to have been regularized as beldar in the year 1989 in Bhajji Forest Range under Shimla Division but his name has not been considered for the post of Forest Guard from 20% quota reserved for Beldars. Had he been regularized on completion of 10 years, he would have been eligible for the post of Forest Guard in 20% quota. Thus, he has filed this Original Application seeking following reliefs :- "(i) Directing the respondents to grant seniority to the applicant w.e.f 1979 i.e. the date when he was initially appointed; (ii) Directing the respondents to regularize the applicant after completion of 10 years service and grant him at consequential benefits; (iii) Directing the respondents to grant all consequential benefits after granting seniority to the applicant; (iv) Directing the respondents to consider the name of the applicant for the promotion to the post of Forest Guard by counting his earlier service rendered by him in the Department; (v) Any other order which this Honble Tribunal may deem fit and proper in the facts and circumstances of the case may kindly also be passed; (vi) The record pertaining to the case of the applicant may kindly also be summoned which would help this Honble Tribunal to arrive at just conclusion; and (vii) The Original Application may very kindly be allowed with costs." 2. The respondents have resisted the claim of the applicant by raising a plea that his request for regularization of the services in 1989 is baseless and against the direction/instructions of the Government. In Forest Department, no seniority of daily waged Mazdoors used to be maintained prior to January, 1984. He might have been working in Bhajji Range prior to January, 1984 on Muster Roll on daily wages as casual labourer for seasonal forestry works but no record has been maintained. Mandays in respect of the applicant from January, 1984 to December, 1997 is annexed as Annexure R.I. The matter regarding liberalizing the policy of regularization of daily-waged workers in all the Departments (other than work-charged categories of Public Works and Irrigation and Public Departments/Boards/Corporations/Universities etc. had been engaging the attention of the Government for some time past. Mandays in respect of the applicant from January, 1984 to December, 1997 is annexed as Annexure R.I. The matter regarding liberalizing the policy of regularization of daily-waged workers in all the Departments (other than work-charged categories of Public Works and Irrigation and Public Departments/Boards/Corporations/Universities etc. had been engaging the attention of the Government for some time past. Therefore, in partial modification of Department letters dated December 11, 1997 and December 16, 1997, it has been decided that the daily wages workers in all the Departments including Public Works and Irrigation and Public Health Departments (other than work-charged categories/Boards/Corporation/Universities etc. who have completed 9 years of continuous service (with a minimum 240 days in a calander year) as on March 31, 1998 may be regularized. However, vide subsequent letter dated July 8, 1999, the period has been reduced from 9 years to 8 years. It is pleaded inter alia that the applicant has completed 10 years continuous service as on December 31, 1993 as per chart of Mandays, but it was not possible for the respondents to regularize the services of the applicant before December, 1997. 3. We have heard Sh. S.S. Sood, learned Counsel for the applicant and Sh. Chirag B. Singh, learned Deputy Advocate General for the respondents. We have also perused the written arguments submitted by the learned Counsel for the applicant. 4. The Government of Himachal Pradesh had circulated a Notification vide which the services of a daily wages employees were to be regularized firstly after completion of 10 years which was later on reduced to 9 years and now as per letter dated July 8, 1999, it has been decided that daily waged/contingent paid workers in all the Departments including Public works and Irrigation and Public Health Department (other than work chargedcategories)/Boards/Corporations/Universities, etc. who have completed 8 years of continuous service with a minimum of 240 days in a calander year as on 31.3.1998 may be regularized either against the available vacant posts or if vacant posts are not available by creation of the posts subject to the observance of the terms and conditions enumerated therein. who have completed 8 years of continuous service with a minimum of 240 days in a calander year as on 31.3.1998 may be regularized either against the available vacant posts or if vacant posts are not available by creation of the posts subject to the observance of the terms and conditions enumerated therein. It is also mentioned therein that under Clause-I that the Daily Waged/Contingent Paid workers who have completed 8 years of continuous service (with a minimum of 240 days in a calendar year) on 31.3.1999 shall be considered for regularization either against the available vacant posts or if vacant posts are not available by creation of the posts in the respective Organisation and the terms and conditions for such regularization shall be governed as per Annexure-A. However, in Departments/Co-operations/Board where the work charge category also exist the daily wagers with 8 years of service will first be brought on the work charge category. 5. The applicant as admitted by the respondents has completed 10 years continuous service as on December 31, 1993. Though as per the latest policy the period has been reduced from 10 years to 8 years but the reason for not regularizing his services as on December 31, 1993 is that in the absence of any directives from the Government for regularization, his services could not be regularized before December, 1997. The plea taken up by the respondents in this regard is not tenable because if a person who has completed 10 years or 8 years of continuous service as per latest policy as on December 31, 1993, he was entitled for regularization. 6. A somewhat similar situation arose in O.A. 1856/01 titled as Janam Singh v. Forest Corporation and others, decided on May 9, 2002 in which the applicant was working as a daily wage Chowkidar in the Forest Department and on allowing the original application respondent therein was directed to create a post of Chowkidar in the Forest Corporation and thereafter consider and regularize the applicant against that post. The findings recorded in Janam Singhs case (supra) was also upheld by the High Court of Himachal Pradesh in CWP No. 204/2003 decided on April 24, 2003. The S.L.P. filed by the respondents against the said order was also dismissed by the Apex Court as stated by learned Counsel for the applicant. 7. The findings recorded in Janam Singhs case (supra) was also upheld by the High Court of Himachal Pradesh in CWP No. 204/2003 decided on April 24, 2003. The S.L.P. filed by the respondents against the said order was also dismissed by the Apex Court as stated by learned Counsel for the applicant. 7. Above being the position, the applicant is entitled for regularization of his services as per policy dated July 8, 1999 as he had also completed 8 years of continuous service with a minimum 240 days in a calendar year on December 31, 1993 as admitted by the respondents. The respondents are, therefore, directed to regularize his services to the availability of post. In case, the post is not available, the same may be created. Needful may be done within five months. The Original Application is disposed of accordingly with no order as to costs.