LAWS(HPH)-2011-12-299

RAM DASS, S/O SH. MATHURA DASS, R/O VILLAGE PANDOR, P.O. DANGLA, TEHSIL NURPUR, DISTRICT KANGRA, HIMACHAL PRADESH Vs. STATE OF HIMACHAL PRADESH, THROUGH F.C.-CUM-SECRETARY AGRICULTURE, TO THE GOVT. OF HIMACHAL PRADESH, SHIMLA-2,

Decided On December 22, 2011
Ram Dass, S/O Sh. Mathura Dass, R/O Village Pandor, P.O. Dangla, Tehsil Nurpur, District Kangra, Himachal Pradesh Appellant
V/S
State Of Himachal Pradesh, Through F.C. -Cum -Secretary Agriculture, To The Govt. Of Himachal Pradesh, Shimla -2, Respondents

JUDGEMENT

(1.) BY means of the present petition, petitioner seeks writ of mandamus directing the respondents to regularize his service as Peon -cum -Chowkidar in conformity with the notification dated 8th July, 1999 (Annexure PD) i.e. the 'Policy for regularization of the Daily Waged/Contingent Paid Workers etc. in the Departments.

(2.) PRECISELY , the facts giving rise to the present petition are that he was initially engaged as Daily Waged Labourer w.e.f. 21.9.1993 after having been sponsored by Employment Exchange and is continuing against such post with the 3rd respondent. He is being paid the wages as determined by the State Government from time to time.

(3.) THE stand of the respondents is that the petitioner did not fulfill the pre -requisites in order to meet the requirements of the Policy qua regularization in view of the R&P Rules vis   -vis Regulation Policy Annexure R -1/A dated 9th June, 2006 whereby the minimum age and qualification have been prescribed for regularization.