MOHINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE writ petition has been filed on the following prayer: That Respondents may be ordered to regularize the services of the Petitioner as JDM from the date he completed 8 years of service with all the benefits incidental thereof in the light of the law laid down in Gauri Dutt V/s. State of H.P. after seeking his option.

(2.) IN reply, the Respondents, besides raising the following preliminary objection, have taken the following stand vide paras 2 and 3 on merits: That the present petition is barred on the ground of delay and latches. The Petitioner admittedly worked in three different categories on daily wages basis i.e. beldar, receptionist and thereafter JDM, but he himself opted for his regularization as receptionist in Oct. 2007 being the lower category to JDM and also joined as such. Therefore, at this belated stage his plea is barred on the ground of 2 delay and latches. Hence the petition filed by the Petitioner be dismissed on this ground above.

(3.) IT is manifest from the detail of man days Annexure R -I that the Petitioner had worked in the Respondent -department in three capacities viz. Beldar, Receptionist and Junior Draftsman. As Beldar he had completed 240 days only in three years during 1994 to 31.5.1997. Similarly, as Receptionist, he had completed 240 days only in one year during 1.6.1997 to 31.3.1999. However, as Junior Draftsman, he had already completed 240 days during all the nine years between 1.4.1999 to 11.10.2007. Thus, it was incumbent upon the Respondents to have considered the case of the Petitioner for regularization of his services as Junior Draftsman/grant of work charge status, after obtaining option, if any, from him, in accordance with the policy framed by the State Government, as applicable at the relevant time and not as Receptionist, in the light of the common judgment dated 29.12.2007, rendered by a Division Bench of this Court in CWP No. 778 of 2007, Gauri Dutt V/s. State of H.P and Ors. and the connected matters.