NEK RAM Vs. STATE OF H. P.

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for the following substantive reliefs:

(2.) The case of the petitioner is that he was employed as daily wage Beldar in the year 1993 by respondent No. 4. He continuously worked for 240 days in each calendar year and thus became entitled to regularization on completion of 8 years of daily waged services as per regularization policy dtd. 3/4/2000 of the Government of Himachal Pradesh, Department of Personnel circulated vide No. PER(AP)-C-B(2)-2/97-Vol.IV (Loose). His further grievance is that instead of regularizing him from due date i.e. 1/1/2001, the official respondents regularized him w.e.f. 1/1/2003. According to petitioner, the private respondents were engaged on daily wages in 1994 i.e. one year after the engagement of petitioner, but they were regularized w.e.f. 1/1/2002 and have been wrongly, illegally made senior to petitioner.

(3.) Petitioner on 26/2/2019 raised all these grievances by way of legal notice addressed to respondent No. 4. In response, the petitioner received reply dtd. 15/3/2019 in which the claim of the petitioner was denied on the grounds that the petitioner was regularized on completion of 10 years continuous service in compliance to decision taken by the Secretary Finance dtd. 20/2/2008 and the Principal Secretary (PW) dtd. 18/2/2008. It was also communicated that the private respondents were given the benefit of regularization on completion of 8 years on the basis of the judgment passed by this Court in CWP No. 2735 of 2010, titled Rakesh Kumar v. State of H.P. and some orders issued by the Hon'ble Apex Court on 15/1/2015.