Himachal Pradesh High Court
Khem Raj vs State Of Himachal Pradesh & Others on 18 March, 2015
Author: Mansoor Ahmad Mir
Bench: Mansoor Ahmad Mir
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 7877 of 2010
Decided on: 18.03.2015
.
Khem Raj ...Petitioner.
Versus
State of Himachal Pradesh & others ...Respondents.
Coram
The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice.
Whether approved for reporting? Yes.
For the petitioner: Mr. H.R. Bhardwaj, Advocate.
For the respondents: Mr. Shrawan Dogra, Advocate General,
with Mr. Anup Rattan & Mr. Romesh
Verma, Additional Advocate Generals,
for respondent No. 1.
Nemo for respondents No. 2 and 3.
Mansoor Ahmad Mir, Chief Justice (Oral)
The writ petitioner has entered in the second round of litigation by the medium of this writ petition due to the inaction of the respondents.
2. The writ petitioner had filed CWP No. 1887 of 2010 before this Court seeking regularization of his services, which was disposed of vide order, dated 22.06.2010, by a Division Bench of this Court with a direction to the respondents to examine the ::: Downloaded on - 15/04/2017 17:48:29 :::HCHP : 2 : case of the writ petitioner. The respondents have examined his case, but have not redressed his grievances, constraining him to file .
the present writ petition.
3. Respondent No. 2 has filed reply. It is apt to reproduce paras 4 and 5 of the said reply herein:
"4. That the State Government has evolved the policies of regularization and is made ipso facto applicable to the Respondent Board/APMCs. According to the policy, DPLs, who have completed 8 years of continuous service as such with 240 days in a calendar r year, become eligible to be considered for regularization. But regularization is made in accordance with the Recruitment and Promotion Rules of respective categories, seniority, available sanctioned/vacant posts inas much as after observing all codal formalities. Copy enclosed hereto as Annexure R2.
5. That the petitioner being Matric IIIrd Division, does not fulfill the requisite criteria of essential education qualification as 10+2 provided under the R & P Rules for the post of Clerk. It is further made clear that the petitioner did not possess the education qualification as Matric IInd Division or 10+2 even at the time of his initial engagement as daily waged Clerk, which was applicable under the repealed R & P rules for the post of Clerk at that time. This material fact came into the notice of the respondent Board at the time of scrutinization of cases in respect of daily waged workers for regularization. Hence, he is not covered under the said policy of regularization. Therefore, the daily waged services of the petitioner were to be considered for regularization as PeonCumChowkidar, ClassIV against the sanctioned post.
::: Downloaded on - 15/04/2017 17:48:29 :::HCHP: 3 : Therefore, the petitioner was offered regularization as ClassIV i.e. entry grade of the petitioner vide Ann. P2. But he declined .
the offer and opted to continue as daily waged Clerk. It is further submitted that 54 post of peon Cum Chowkidar, classIV, stands filled up except one, which has been kept unfilled with the orders of Hon'ble High Court in another similar writ petition in compliance of the orders dt. 16.01.2009 passed by this Hon'ble Court in CWP No. 186/2009 titled as Man Singh Versus State of H.P. & ors. Similarly 38 sanctioned posts of Clerks stands filled up."
4. In view of the above, I deem it proper to dispose of this writ petition with a direction to the respondents to consider the case of the writ petitioner for granting relaxation in the qualification and for regularization in light of the Rules occupying the field and make a decision within six weeks.
5. The writ petition is disposed of accordingly, alongwith all pending applications, if any.
(Mansoor Ahmad Mir) Chief Justice March 18, 2015 ( tilak ) ::: Downloaded on - 15/04/2017 17:48:29 :::HCHP