BHAJAN DASS Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The writ petitioner, claims a mandamus being pronounced upon the respondents, for his service(s) being regularized w.e.f. 11.4.1994, instead of 6.9.1997. The order putting the writ petitioner, on a work charge basis, is, borne in Annexure A-1. The averment(s) made in para-5 of the application that the writ petitioner had rendered 13 years of continuous service as a daily paid workman, and, with 240 days' of continuous service in each of calendar years concerned, under the respondents, remains un-rebutted, by the respondents.

(2.) The policy governing the regularization of services of daily paid workman, under the respondents, is appended as Annexure A-2. Reading of Annexure A-2, appended therewith, discloses that upon completion of 10 years of continuous service, (with a minimum of 240 days in a calendar year), any daily paid workman, would be entitled to claim regularization, either against the available vacant post, or, if vacant posts are not available by creation of posts. The afore policy was brought into force, w.e.f. 11.12.1997. In consonance with the afore policy, the hitherto services of the writ petitioner, as a daily paid workman, under the respondents, were, put on a work charge basis, w.e.f. 29.7.1997, by the respondents. It is evident on a reading of the reply, furnished by the respondents to the writ petition, that prior to 29.7.1997, there was no work charge establishment available with them, for the hitherto services of daily paid workmen, under the respondents, hence being put on a work charge basis. The afore reply on affidavit, meted to the writ petition, by the respondents, remained un-rebutted.

(3.) Consequently, even if, in consonance with the policy of regularization, as became adopted by the respondents, only on 11.12.1997, policy whereof is borne in Annexure A-2, and, was brought into force, only on 11.12.1997, (i) and its postulating that upon completion of 10 years' of continuous service, by daily paid workman, with 240 days of continuous service, in each apposite calendar year, under the respondents, the daily paid workman, would becoming entitled to regularization, (i) yet its application prior thereto or assigning any retrospective effect thereto, would be misfounded, (ii) nor hence the writ claims can be accorded.