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2014 DIGILAW 896 (HP)

State of H. P. v. Roshan Lal

2014-07-14

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT Mansoor Ahmad Mir, Chief Justice (oral) LPA No. 530 of 2012 and LPA No. 39 of 2014 These two appeals are directed against the judgment dated 16th May, 2012, passed by the learned Single Judge of this Court in CWP No. 7250 of 2011, titled Moti Lal vs. State of H.P. & others, whereby the writ petition came to be allowed with a direction to the respondents to confer the status of daily wage on the writ petitioner w.e.f. 01.01.2004 with a further direction to the respondents that after completion of eight years of daily wage service, the case of the writ petitioner be considered for regularization (for short “the impugned judgment”). 2. The State is aggrieved with the impugned judgment to the extent that the writ petition was not maintainable and the direction made is bad in law. The writ petitioner-appellant Moti Lal has questioned the impugned judgment to the extent that the respondents be directed to grant daily wage status to the appellant w.e.f. September, 1997 and further regularize his services w.e.f. September, 2005 with all consequential benefits of pay, seniority etc. LPA No. 503 of 2012 & LPA No.38 of 2014 3. These two appeals are directed against the judgment dated 16th May, 2012, passed by the learned Single Judge of this Court in CWP No.7711 of 2011, titled Roshan Lal vs. State of H.P. & others, whereby the writ petition came to be allowed with a direction to the respondents to confer the status of daily wage on the writ petitioner w.e.f. 01.01.2004 with a further direction to the respondents that after completion of eight years of daily wage service, the case of the writ petitioner be considered for regularization (for short “the impugned judgment”). 4. The State is aggrieved with the impugned judgment to the extent that the writ petition was not maintainable and the direction made is bad in law. The writ petitioner-appellant Roshan Lal has questioned the impugned judgment to the extent that the respondents be directed to grant daily wage status to the appellant w.e.f. 6.6.1999 and further regularize his services w.e.f. June, 2007 with all consequential benefits of pay, seniority etc. 5. Since common question of law and facts are involved in these four appeals, so we deem it proper to dispose of these appeals by a common judgment. 6. 5. Since common question of law and facts are involved in these four appeals, so we deem it proper to dispose of these appeals by a common judgment. 6. Learned counsel for the State produced a copy of scheme, which was made on 27th February, 2004, across the Board, made part of the file. It is apt to reproduce the relevant portion of the scheme herein :- “I am directed to say that the matter regarding regularization of Part-Time employees has been engaging the attention of the Government for some time past. It has now been decided by the Government that part time Class-IV employees who have completed ten years continuous service as on 31-12-2003 in all Departments except Education and Ayurveda Departments will be made daily wager subject to the observant of the following terms and conditions :- 1. Part-Time Class-IV employees who have completed Ten years of continuous service as on 31-12-2003 will be made daily wager. Posts vacated by such part-time employees shall stand abolished. 2. The orders to this effect will be issued at the level of Head of Departments after verifying the facts. 3. The conversion to daily wager status will be with prospective effect. 4. The autonomous Boards and Corporations including the Universities are not required to follow these orders mutatis-mutandis but should decide the same depending on their own financial position. 5. After converting the Part-Time employees as daily wager the information should come to the Finance Department for effective monitoring to ensure that only the sanctioned posts have been converted. These instructions may kindly be brought to the notice of all concerned for strict compliance and the receipt for the same may also be acknowledged. This issues with the prior approval of the Finance Department obtained vide their U.O. No. 188 Fin-F/2004 dated 25th February 2004.” 7. While going through the scheme, one comes to an inescapable conclusion that part time Class-IV employees, who have completed ten years continuous service as on 31.12.2003, are to be made daily wagers. The scheme on the face of it, is prospective in operation and thus, the writ petitioner(s) cannot claim its retrospective operation. Thus, the Writ Court has rightly granted the relief to the writ petitioner(s) w.e.f. 1st January, 2004. 8. Having said so, the impugned judgments made by the Writ Court are legal one, need no interference. 9. At this stage, Mr. Thus, the Writ Court has rightly granted the relief to the writ petitioner(s) w.e.f. 1st January, 2004. 8. Having said so, the impugned judgments made by the Writ Court are legal one, need no interference. 9. At this stage, Mr. Sanjeev Bhushan, learned counsel for the writ petitioner(s), stated that the respondents have not complied with the second part of the impugned judgments i.e. they had to consider the case of those employees who are entitled for regularization after completion daily wage service of eight years. Learned counsel for the writ petitioner(s) is at liberty to file representation before the competent Authority for compliance of the Court direction and for redressal of grievances strictly in terms of the impugned judgments. 10. With these observations, all the appeals are dismissed alongwith all the pending applications.