MADAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Brief facts of the case as emerged from the record are that initially the petitioner was appointed by respondent No.2 as Supervisor in DRDA on contract basis on 01.04.1997. Contract of the petitioner came to be renewed subsequently from time to time, as is evident from order dated 28th August, 2004 (Annexure P-1), perusal whereof reveals that consequent upon approval of the Chief Executive Officer, District Rural Development Agency, Solan, one year extension with effect from 01.04.2004 to 31.03.2005 came to be granted in favour of the persons engaged on contract basis under the project/ schemes and name of the petitioner stands duly mentioned at Sr. No.21 in the aforesaid communication.

(2.) The petitioner, who was initially appointed in the year 1997, after having completed 8 years of service as Supervisor on contract basis, prayed for regularization of his services in terms of communication dated 16th June, 2009 (Annexure P-2), whereby, Secretary (RD) to the Government of Himachal Pradesh, advised all the Deputy Commissionerscum-CEO, DRDA in Himachal Pradesh to adopt the policy of Government of Himachal Pradesh with regard to regularization of daily wages/contract basis qua the employees recruited by them in DRDA. Since no action pursuant to the repeated requests having been made by the petitioner for regularization came to be taken by the respondents, he was compelled to approach this Court by way of the instant proceedings praying therein for the following:-

(3.) Having heard learned counsel representing the parties and perused the material available on record, especially, affidavit of Deputy Commissioner-cum- Executive Officer, DRDA Solan, filed in terms of order dated 30.04.2012, whereby, this Court called upon the aforesaid Officer to file fresh affidavit stating therein (a) the date of the appointment of the petitioner and his posting; (b) whether he is an employee of DRDA or any other undertaking/organization and (c) the disciplinary authority of the petitioner, this Court finds that the petitioner was engaged in January, 1997 by Assistant Director (Animal Husbandry), Solan, on daily wages basis in Central Nursery Kotla under centrally sponsored Innovative Integrated Diary Development Project. It also emerges from the aforesaid affidavit that w.e.f. February, 1998 to 2006, the petitioner continued to work in the same nursery under another centrally sponsored project namely, Integrated Wasteland Development Project under overall supervision of DRDA, Solan. Though, project in question was closed in 2006, but Chairman of Milch Livestock Improvement Society, Solan, which is an NGO, vide letter dated 18th March, 2006 addressed to Project Director, DRDA Solan, requested and assured that the society would manage the affairs of nursery at its own level and pay the wages of the staff/labour in the coming months (Annexure A-2), annexed with the affidavit), as such, nursery was transferred to aforesaid society alongwith assets and liabilities and manpower.