SH.SHYAM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was serving as daily wage Beldar with the respondents w.e.f. 1992. His services were regularized on 04.01.2007. With the prayer that his services are required to be regularized from the year 2000, i.e. after completion of 8 years of daily wage service, the petitioner has filed instant writ petition.

(2.) Heard learned counsel for the parties. Learned counsel for the petitioner contended that petitioner was employed with the respondents on daily wage basis w.e.f. 1992. He was given fictional breaks during the years 1993 to1995. During these three years, he was not allowed to complete continuous service of 240 days. From 1996 onwards, the petitioner was permitted to render continuous service of more than 240 days in a calender year. Learned counsel for the petitioner has accordingly prayed that the fictional breaks given by the respondents to the petitioner during the years 1993,1994 &1995 are required to be condoned and he has to be presumed to have rendered continuous service w.e.f. the year 1992 onwards. Accordingly, on completion of 8 years of service in the year 2000, the case of the petitioner is required to be considered for regularization in terms of applicable policy and in accordance with law.

(3.) The stand of the respondents is that the petitioner had worked for 240 days only w.e.f. calender year 1996. His Mandays Chart as appended alongwith reply, is as under:-