STATE OF H.P. Vs. KRISHNA KUMARI

JUDGEMENT

(1.) The State has come in appeal against the judgment dated 19.6.2009 of the learned Single Judge in CWP (T) No. 8065 of 2008. The short facts in the case of the writ petitioners, who are respondents herein are that they had originally been regularized on completion of 8 years of service. Thereafter, the orders of regularization were sought to be unilaterally withdrawn on the ground that the regularization would be granted only after nine years of service. The matter was taken up before the Tribunal. The Tribunal had admitted the matter and granted interim stay of operation of withdrawal of the regularization. Thereafter, the Tribunal was abolished and the matter was transferred to this Court, hence the writ petition.

(2.) The learned Single Judge allowed the writ petition mainly on the following grounds: (i) The withdrawal was without notice to the petitioners (ii) As on the date of regularization of the petitioners, they had satisfied the required conditions in terms of the then existing policy for regularization.

(3.) The learned Senior Additional Advocate General appearing for the State contends that the regularization orders have been passed erroneously and hence the same were sought to be withdrawn and the grounds on which such withdrawal was passed had already been communicated to the petitioners and in that view of the matter, there was no need for personal hearing. It is also submitted that as on the date of regularization, the policy ruling the field required nine years of service.