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Himachal Pradesh High Court · body

2014 DIGILAW 148 (HP)

Guman Singh v. State of H. P.

2014-03-04

DHARAM CHAND CHAUDHARY, SANJAY KAROL

body2014
JUDGMENT Sanjay Karol, J. (Oral) Petitioners have prayed for the following reliefs:- “(i) That a writ in the nature of mandamus may kindly be issued and thereby directing the respondents to regularize the services of the petitioners as per the policy dated 20th July, 2013 as well as subsequent notification annexed with this petition as Annexures P-5 to P-9. (ii) That the respondents may kindly be directed to grant consequential benefits from retrospective date, the day when the petitioners have completed 8 years continuous service with 240 days w.e.f. 1.1.2012 such as arrears of pay, seniority and other allied benefits.” 2. In their response, State has admitted the claim of petitioners. In fact, State has regularized services of petitioner No. 2, Dhontu Ram. Claim with regard to petitioners No. 1, 3 and 4 is pending with the competent authority. Relevant portion of the response reads as under:- “That the contents of this para are admitted to the extent that the petitioners are citizens of India. Rest of the contents of the para are wrong, hence, denied because no injustice to the petitioners has been done by the respondents, as alleged. The respondent No. 2 has taken all possible steps to regularize the services of daily waged Revenue Chowkidars in the district establishment as per the Policy. As per the latest Government Policy for regularization of Daily Waged Workers/Contingent Workers, circulated vide letter No. PER(AP)-C-B(2)-1/2-13, dated 08.07.2013, the services of seventeen eligible senior most daily waged Revenue Chowkidars, who have completed seven years regular services as on 31.03.2013, have been regularized with prospective effect by the respondent No. 2, against the available seventeen vacancies in the district establishment, vide order No. Stha-Upa (Rev. Chowkidars) /2013-88497, dated 17/18 December, 2013. The services of petitioner No. 2, Sh. Dhontu Ram, stands regularized as per the Government Policy vide No. Stha-Upa (Rev. Chowkidars)/2013-88497, dated 17/18 December, 2013, as he was also one of the senior most seventeen daily waged Revenue Chowkidars according to the seniority list of the daily waged Revenue Chowkidars of this district establishment. Chowkidars) /2013-88497, dated 17/18 December, 2013. The services of petitioner No. 2, Sh. Dhontu Ram, stands regularized as per the Government Policy vide No. Stha-Upa (Rev. Chowkidars)/2013-88497, dated 17/18 December, 2013, as he was also one of the senior most seventeen daily waged Revenue Chowkidars according to the seniority list of the daily waged Revenue Chowkidars of this district establishment. Since no new post is to be created for regularization of daily waged employees as per regularization policy, the details of the remaining 40 daily waged Revenue Chowkidars, who were found eligible for regularization as per the Government Policy, have already been sent to the Department of Revenue, Government of H.P. for including them in the Surplus Pool so that they may be regularized in other departments where vacancies exist. The particulars of the respondents No. 1, 3 and 4 also shave been sent to the Govt. for inclusion in the Surplus Pool so that they may be regularized in other Departments where vacancies exist. 3. Hence, we dispose of this writ petition with a direction to respondent No. 1 to take appropriate action for regularizing the petitioners’ services, in accordance with law. Needful shall be so done within a period of two months from the date of production of copy of this judgment by the respective petitioners. 4. The writ petition stands disposed of, so also the pending application(s), if any.