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Himachal Pradesh High Court · body

2021 DIGILAW 116 (HP)

Narda Devi v. State of H. P.

2021-03-06

SURESHWAR THAKUR

body2021
JUDGMENT : SURESHWAR THAKUR, J. 1. The writ petitioner was initially engaged, as, a, part time worker, in, Rajgarh Forest Division, w.e.f. 1.01.1998, and, her employment became converted into a daily wage employment, hence in pursuance to a policy, framed by the respondent-State, on 26.11.2009, policy whereof is appended, as Annexure R1, to, the reply filed by the respondents to the extant writ petition. After completion of service, in a daily wage capacity, for about seven years, under the respondents, besides during the afore tenure, upon, rendition of, a, minimum 240 days, of, continuous service, in each of the calendar years, commencing from 2010 and ending upto 2017, she also thereat prima facie became entitled to the benefit of regularization in service becoming conferred upon her. 2. Be that as it may, a reading of Annexure R3, Annexure whereof is the apposite mandays chart, make(s) a display, visavis the writ petitioner, rendering continuous service of 240 days, in each of the seven apposite calendar years, of, her service as a daily wager, hence under the respondents, and, hence on completion thereof, she prima facie becomes entitled, to, rear a valid espousal, for, hers becoming regularized in service. 3. Contrary, to the afore, apposite policy appended with the reply, furnished to the writ petition, by the respondents, and, its making echoings that it becoming imperative, upon, a workman to upto seven years, and, throughout there within render continuous service, of, 240 days in each of the apposite seven calendar years of service, hence as a daily wager, under the respondents, for, hence the benefit of regularization in service being conferred upon her, hence the claim, raised in the writ petition, that on completion, of, rather apposite five years of service, on, a, daily wage basis, she became entitled to become confered the benefit of regularization in service, does hence, become completely scuttled. 4. Be that as it may, dehors the writ petitioner satiating the aforestated criteria, as carried in the apposite policy, rather would not perse entitle her, to make any indefeasible claim, for hers through, a, mandamus, being made upon the respondents, hers being conferred the benefit of regularization in service, (a) as, the afore right is fettered by certain limitations, imposed therein, in as much as, the afore being subject to hers, carrying the apposite notch, of, seniority, in the seniority list, maintained by the respondents. Consequently, if the petitioner, has nowat acquired, the apposite notch, of, seniority, in the apposite seniority list, as, maintained by the respondents, thereupon the respondents are directed, to, forthwith confer upon the writ petitioner, the status of, a, regular employee. 5. In view of the above observations, the instant writ petition is disposed of. All pending applications, also stand disposed of.