RAJESH THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was initially engaged on 31st March, 2001 on contract basis in the respondent-Corporation, as is evident from the appointment letter (Annexure P-4). Pursuant to aforesaid appointment, petitioner gave his joining as Clerk on 31.3.2001, as is evident from joining report (Annexure P-5). Pleadings adduced on record by the parties to the lis clearly reveals that aforesaid contract of the petitioner came to be renewed periodically. The copies of the renewal of contract are attached collectively as Annexure P-6 with the petition. While petitioner was rendering his services as Clerk on contract basis, respondent-State repeatedly promulgated policy for regularization of contract employees in the Government Department. Though, petitioner, who had been rendering services of Clerk continuously since his appointment on 31.3.2001 had become eligible for regularization in terms of the policy dated 29.8.2009 framed by the State Government, but fact remains that his case was not considered for regularization. Again in the year 2009 and 2021 Government of Himachal Pradesh took policy decision (Annexures P-7 and P8) for regularization of contract employees working in various departments of the Government, but yet respondent No.3 failed to regularize the services of the petitioner and as such, he was compelled to approach this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein following reliefs:-

(2.) Aforesaid claim of the petitioner for regularization from due date has been rejected by the respondents, especially respondent No.3 on the ground that since petitioner was initially engaged on 31.3.2001 without fulfilling the essential qualifications and also without following due process of selection and procedure prescribed, he could not be considered for regularization in terms of the policy framed by State of Himachal Pradesh for regularization of contract employees. It has been further averred in the reply filed by respondent No.2 that now since petitioner has acquired essential qualification, he has been appointed as Clerk on 23.6.2012 and pursuant to his fresh appointment he has joined the services without registering any protest and as such, present petition deserves dismissal without any merit.

(3.) Having heard learned counsel representing the parties and perused the material available on record, this Court finds that there is no dispute interse parties that respondent No.2, H.P. Ex-Servicemen Corporation, which is Government of Himachal Pradesh undertaking and is covered by the Government instructions issued from time to time, especially Annexure P-7 and P-8, is bound to follow the instructions and policies framed by the Government from time to time and as such, should have regularized the services of the petitioner as Clerk on 31.3.2001. It is not in dispute that there are eighteen posts of Clerks on regular basis and 18 posts of Clerks on contract basis with the H.P. Ex-servicemen Corporation. Out of the aforesaid 18 posts of clerks, only seven posts have been filled up on regular basis in terms of policy of regularization framed by the State of Himachal Pradesh from time to time. As per the instructions issued by the F.C-cumSecretary (Finance) to the Government of Himachal Pradesh on 19.4.2002 and 20.01.2003 (Annexures R-2/A and R-2/B) annexed with the reply filed by respondent No.2, all proposals pertaining to sanction of staff and revision of pay scales etc. of the Public Sector Undertaking are to be examined by the Committee consisting of Secretary (Finance), Administrative Secretary, Commissioner-cum- Secretary (DIF) and Managing Director of the Corporation concerned, before placement of such proposal before the Board of Directors. Board of Directors in its meeting held on 27.4.2011 vide item No.102/2012 (Annexure R-2/C), decided that the Committee be constituted to conduct the typing test of the petitioner and accordingly, on his passing the typing test on 23.11.2011, matter was referred to the Government for conversion of posts from the Ex. Servicemen Cell, Hamirpur. In response to aforesaid proposal, Government informed to take the action as per the decision of the Service Committee. Meeting of Service Committee was held on 8.2.20212, wherein it approved six posts of Clerks, which were earlier permitted to be filled up through Ex. Servicemen Cell, subject to their fulfilling the essential qualifications as per R & P Rules. The Matter was again placed before the Board of Directors on 13.6.2021 (Annexure R-2/E), wherein decision was taken to appoint the petitioner on regular basis vide letter dated 23.06.2012.