RAM GOPAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was initially appointed as Shastri on contract basis, vide office order dated 04.11.2000 in the pay scale of Rs.1500/- alongwith usual allowances in Government Middle School Bharda, under Complex Government Senior Secondary School, Loh-Tikkari, District Chamba. His services were regularized by the State, vide Annexure P-3, i.e., office order dated 04.10.2010 with immediate effect.

(2.) The grievance of the petitioner is that as his services stood regularized on the basis of policy of the Government in terms of which, the appointees, like the petitioner, were to be regularized upon completion of 8 years of continuous service as on 31.03.2009, petitioner ought to have been regularized with effect from 1st April, 2009, i.e., the date which is envisaged in the policy and not with effect from 04.10.2010, as has been done by the State. Accordingly, this petition has been filed with the prayer for issuance of a direction to the respondents to regularize the services of petitioner immediately post completion of 8 years' continuous service on contract basis.

(3.) The petition stands resisted by the State, inter alia, on the ground that though in the year, 2009, Government took a conscious decision to regularize such teachers who had completed 8 years of continuous service as on 31.03.2009, however, this per se did not confer a right to be regularized immediately post completion of 8 years of service and the same was to be done by the State after verifying the service record/documents by the Screening Committee constituted for the purpose.