DALJEET SINGH Vs. STATE OF H P

JUDGEMENT

(1.) PETITIONER was engaged as a daily-rated Pump Operator, on 1st December, 1997. He became eligible for regularization, on completion of eight years service, as per Government policy. His services were not regularized. He made various representations, but to no avail. So, he has filed the present petition, seeking direction for regularization of his services as Pump Operator.

(2.) STAND taken by the respondents is that the petitioner does not fulfil the requisite qualification of ITI Certificate and that Government has rejected the proposal made by the department for relaxing the condition of ITI Certificate and that is why he has not been regularized.

(3.) IT is by now well settled that where a person is appointed on daily-wage basis, his qualification for eligibility to the post, to which he is appointed, is to be seen, at the time of his initial engagement as daily-wager and not at the time when his turn comes for regularization, as per policy of the Government. Reference in this behalf may be made to judgment of Hon'ble Supreme Court, in Bhagwati Prasad versus Delhi State Mineral Development Corporation, AIR 23rd 1990 SC 371, and judgment dated April, 2010, delivered by a Single Bench of this Court, in CWP (T) No.3214 of 2008, titled as Sita Ram versus Himachal Pradesh State Electricity Board and another. Facts of the case decided by learned Single Judge of this court were similar to the facts of the present case.