UGARDEV Vs. STATE OF H.P.

JUDGEMENT

(1.) THE issue pertains to the claim made by the petitioner in this case for regular appointment in terms of the Recruitment and Promotion Rules, as applicable in the Ayurveda Department. A similar issue was considered by this Court in a common judgment dated 21.12.2010 in CWP No. 7896 of 2010 titled as Jai Singh vs. State of H.P. and others and connected cases. The text of the judgment reads as follows:

(2.) ACCORDING to the petitioners, they are entitled for regularization in respect of 50% quota of the posts reserved for either the daily waged workers or the part time workers. The contention of the petitioners is that there were no daily waged Class IV workers available in the Department with 10 years service and having 240 days in each calendar year for regularization and hence in respect of the 50% vacancies, the petitioners who have been working as part time workers and who possess 10 years service with 240 days in each calendar year should have been considered, since on the date of the completion of 10 years of service by such part time workers there were no eligible daily wager for regularization.

(3.) AS far as the provision in the Rules is concerned, there is no ambiguity. 50% of the regular posts are reserved for the daily waged workers with 10 years service and having 240 days in each calendar year. In case, there is no such daily wager is available on the date of occurrence of vacancy with the above qualification, then the part time workers with 10 years of service and 240 days in each calendar year if available are to be considered. That alone will serve the object of the Rules. So long as the position in the Rules remains as above, such part time workers have a right to be considered, subject to the preconditions of availability of vacancy in the quota, non -availability of eligible daily wagers and the part timers possessing the eligibility. As far as the regularization of part time employees are concerned, it is to be seen that the Ayurveda and Education Departments are to follow their own policies as available in the prescribed Rules and hence the notification pertaining to other Departments will not apply to the employees in the matter of part time becoming full time daily wager as per the Rules. It is so clarified also in Annexure P -3, Government communication dated 21.5.2004, which reads as follows: