LEELA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioners in all these cases have been appointed as Part Time Water Carriers in terms of the 2001 Policy, dated 27.7.2001 issued by the Education Department. Paragraph 20 of the Policy stipulates that "the candidates appointed as part time water carrier under the scheme, by the respective Gram Panchayats/Urban Local Bodies of the area in which the Primary School is located, shall have no right to claim regularisation/appointment." It is the stand of the respondents - State, as reflected in paragraph 5 of the reply filed by the Director that the 2001 Policy permits the appointment of Contingent Paid employees in Government Primary Schools, on contract basis, through the Panchayati Raj Institutions. It is also stated at paragraph 9 of the reply that there is no instruction that Part Time Water Carriers after completion of 8 years of continuous service will be made regular class -IV employees. At paragraph 9 of the reply, it is stated that "the Part Time Water Carrier are converted to the post of Whole Time Contingent Paid as per their seniority and availability of posts. The policy for regularization after 8 years of continuous service is not applicable to the petitioner." Still further, at paragraphs 10, 11, 12, 13, 15 & 16, it is stated as follows:

(2.) LEARNED Senior Counsel for the petitioners contended that the petitioners shall be treated as eligible for appointment in terms of the Recruitment and Promotion Rules for the post of regular Class -IV employees. We are afraid that this contention cannot be appreciated, for the simple reason that the petitioners have not been appointed as Part Time Workers. They have been appointed under a Scheme for appointment of Part Time Water Carriers through the Panchayat Raj Institutions. However, the stand that they will be made Whole Time Contingent Employees in accordance with their seniority and availability of vacancy, which would necessarily vary from district to district, cannot be appreciated, in view of the undisputed general policy available in the State that any Part Time Water Workers after completion of 10 ears of service as such, is made Whole Time Contingent Employee on daily waged basis and on such continuous service of 8 years with 240 days in a year is made a regular class -IV employee. Therefore, Part Time Water Carriers cannot be put to a more disadvantageous position. This 10 years part time, 8 years daily wage and then regular, will also necessarily ensure the uniformity irrespective of the fortuitous status of Part Time Water Carrier getting employment in a particular District where he would be getting accelerated promotion. Therefore, all these writ petitions are disposed of directing the respondents/competent authority to consider the cases of the petitioners as follows:

(3.) PENDING applications, if any, also stand disposed of.