OM PARKASH DHANIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was appointed as Office Helper on daily wage basis in Agro Industrial Packaging India Limited on 01.08.1994. The services of 61 daily wagers were declared surplus including that of petitioner and they were placed in the surplus pool. State Government took a conscious decision to re- deploy the 61 surplus employees with various departments of the Government. The Secretary (Revenue), Government of Himachal Pradesh conveyed to the Divisional Commissioner, Shimla, Division Shimla the decision of the State Government to accord sanction for filling up 15 vacant posts of Peons (Class-IV) in the establishment of Deputy Commissioner, Shimla and 15 vacant posts of Peons (Class-IV) in the establishment of Deputy Commissioner, Solan from the surplus pool on secondment basis vide Annexure A-3, dated 29th March, 2007. PETITIONER's name figured at Sr. No. 1 of Annexure A-3, dated 29th March, 2007. He was relieved of his duties on 11.04.2007 to enable him to join his duties in the office of Deputy Commissioner, Shimla on 11.04.2007. He was appointed on secondment basis as daily waged Peon (Class-IV) vide office order dated 13th April, 2007. PETITIONER and similarly situate persons made representations to the respondent-State to consider their case for regularization as per policy framed by the respondent-State. The Deputy Commissioner also took up the matter with F.C.-Cum-Secretary (Revenue), Government of Himachal Pradesh vide letter dated 24th September, 2007 (Annexure A-7). State Government again took a conscious decision to regularize the services of petitioner and similarly situate persons. PETITIONER was regularized vide office order dated 7th January, 2008 as Chowkidar. He submitted his joining on 7th January, 2008 itself vide Annexure A-9.

(2.) MR. Hamender Chandel, learned counsel for the petitioner has strenuously argued that the case of petitioner was required to be considered for regularization as Peon and not Chowkidar. He also argued that the persons who were appointed as Chowkidars in the Corporation and the persons who were engaged as casual labourers in Agro Industrial Packaging India Limited, have been regularized as Peon on 7th January, 2008. He also argued that as per seniority list Annexure RJ/A, Smt. Rekha Verma was junior to the petitioner, however, she has also been regularized as Peon on 7th January, 2008.

(3.) I have heard the learned counsel for the parties and gone through the pleadings carefully.