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Himachal Pradesh High Court · body

2013 DIGILAW 471 (HP)

STATE OF H. P. v. DEEPAK KUMAR

2013-05-27

KULDIP SINGH, SANJAY KAROL

body2013
JUDGMENT SANJAY KAROL, J. 1. IN terms of impugned order dated 03.01.2008 the erstwhile Himachal Pradesh Administrative Tribunal, while disposing of O.A.No.1168 of 2007, titled as Deepak Kumar and others versus Principal Secretary (Irrigation and Public Health) and others, issued the following directions:- "About the plea of respondents that the applicant is to be regularized only as per latest policy, be it pointed out that regularization of services and grant of work charged status are two distinct steps in granting permanency in service. In the former case permanency in service is assured, whereas, in the second it is secured for limited purpose. Therefore, regularization of the applicant under the policy for regularization will have no bearing on the claim qua granting of work charged status to him. It is admitted position of the case that all the applicants have completed requisite continuous service of 10 years with 240 working days in each calendar year as on 31.12.2003 as per mandays chart Annexure-R-IX. In view of this admitted position and the judgment rendered by the Hon'ble Apex Court in Mool Raj Upadhyaya vs. State of H.P. and others (supra) and re-affirmed in State of H.P. and others vs. Gehar Singh (supra) the applicants are entitled for work charged status from due dated i.e. 1.1.2004. As a result the respondents are directed to appoint the applicants as work charged Pump Operator w.e.f. 1.1.2004 and to give them all consequential benefits within two months from the date of passing of this order. The Original Application is accordingly disposed of within no order as costs." 2. ASSAILING this order, Mr. J.S.Guleria, learned Assistant Advocate General, has invited our attention to the mandays chart, with respect to each of the respondents herein, which is as under:- YEARWISE MANDAYS OF PUMP OPERATORS UPTO 31.12.2006. Sl. No. Name of Pump Operator Date of Engage ment Yearwise mandays 1993 1994 1995 1996 1997 1998 1999 2000 1. Sh. Bhader Singh 23.6.93 192 365 362 362 365 355 357 322 2. Sh. Parmod 01.06.93 193 365 362 360 363 354 365 366 3. Sh.Puran Chand 23.11.93 38 363 365 366 360 365 365 366 4. Sh. Sl. No. Name of Pump Operator Date of Engage ment Yearwise mandays 1993 1994 1995 1996 1997 1998 1999 2000 1. Sh. Bhader Singh 23.6.93 192 365 362 362 365 355 357 322 2. Sh. Parmod 01.06.93 193 365 362 360 363 354 365 366 3. Sh.Puran Chand 23.11.93 38 363 365 366 360 365 365 366 4. Sh. Deepak Dulta 07.03.94 - 293 360 363 361 327 356 352 2001 2002 2003 2004 2005 2006 359 356 357 361 365 361 365 359 365 366 365 364 335 363 365 366 365 364 355 365 365 362 365 275 Since decision is based on the law laid down by the Apex Court in Mool Raj Upadhyaya versus State of H.P. and others 1994 Supp.(2) SCC 316, we reproduce the relevant portion of the judgment:- "4. Taking into consideration the facts and circumstances of the case, we modify the said scheme by substituting paragraphs 1 to 4 of the same by the following paragraphs: "(1) Daily-wage/muster-roll workers, whether skilled or unskilled, who have completed 10 years or more of continuous service with a minimum of 240 days in a calendar year on 31-12-1993, shall be appointed as work-charged employees with effect from 1-1-1994 and shall be put in the time- scale of pay applicable to the corresponding lowest grade in the Government; (2) daily-wage/muster-roll workers, whether skilled or unskilled, who have not completed 10 years of continuous service with a minimum of 240 days in a calendar year on 31-12-1993, shall be appointed as work-charged employees with effect from the date they complete the said period of 10 years of service and on such appointment they shall be put in the time-scale of pay applicable to the lowest grade in the Government; (3) daily-wage/muster-roll workers, whether skilled or unskilled who have not completed 10 years of service with a minimum of 240 days in a calendar year on 31-12-1993, shall be paid daily wages at the rates prescribed by the Government of Himachal Pradesh from time to time for daily- wage employees falling in Class III and Class IV till they are appointed as work-charged employees in accordance with paragraph 2; (4) daily-wage/muster-roll workers shall be regularized in a phased manner on the basis of seniority-cum- suitability including physical fitness. On regularization they shall be put in the minimum of the time-scale payable to the corresponding lowest grade applicable to the Government and would be entitled to all other benefits available to regular government servants of the corresponding grade." 3. IN view of the aforesaid directions, as applicable to the facts, the case of respondent No.2 Bhader Singh, respondent No.3 Parmod Kumar and respondent No.4 Puran Chand, does not warrant any interference. Their engagement is prior to 31.12.1993. Also, what is to be seen is whether they have completed more than 240 days in a calendar year. In fact, they have. In the cases of these persons, calendar year would commence from the date of their engagement. As such, no interference is warranted in their cases. 4. HOWEVER, coming to the case of respondent No.1 Deepak Kumar, it is seen that his engagement in service is of 07.03.1994. As such, his case is to be governed for regularization in accordance with the policy of regularization, prevalent at the time of completion of stipulated period. Order is modified to this extent. With the aforesaid observations, present petition stands disposed of, so also, the pending application(s), if any.