KAMLA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Brief facts necessary for the adjudication of the present petition are as under:- The petitioner was engaged as a Beldar on daily wage basis with effect from October, 1998, by respondent No. 2 The musterrol demonstrating the number of days, for which the petitioner had worked in each calendar year after her engagement, is appended with the petition as Annexure A-1. The grievance of the petitioner is that despite her being eligible for regularization in terms of the policy of regularization of the Government of Himachal Pradesh, which has been duly adopted by respondent No. 2, her services have not been regularized on the pretext that she as was more than 45 years of age and as the age limit for appointment in government service is 45 years, therefore, her services cannot be regularized. In this background, the petitioner has prayed that respondent-department be directed to regularize her services in terms of the policy of the government in vogue and in case she is found entitled for conferment of work charge status before regularization, then said status be also conferred upon her with consequential benefits.

(2.) The petition is opposed by respondent No. 2 primarily on the ground that the State Government has prescribed age of 45 years for appointment to government service and as the petitioner has already completed the age of 45 years, therefore her services cannot be regularized. There is no other reason mentioned in the reply for nonregularization of services of the petitioner.

(3.) I have heard learned Counsel for the parties and gone through the pleadings as well as record of the case.