LAWS(HPH)-2021-5-17

NANDINI THAKUR Vs. STATE OF H.P.

Decided On May 13, 2021
Nandini Thakur Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) Petitioner Nandini Thakur alias Nandi Thakur has approached this Court for quashing impugned Office Order dated 25.10.2012 (Annexure P-6), passed by Superintending Engineer, IPH Circle, Kullu (HP) (respondent No.2), whereby benefit of regularization, extended to the petitioner w.e.f. 1.1.2002, as per Policy of State, on completion of eight years continuous service with 240 days in each Calendar Year, has been withdrawn and her date of regularization as Complaint Attendant has been modified as 30.12.2006, i.e. from the date of appointment/ regularization of similarly situate persons junior to her.

(2.) For the purpose of adjudication of present case, Policy formulated by the respondents-State and approved by the Supreme Court of India in Mool Raj Upadhyaya v. State of H.P. and others, 1994 Supp2 SCC 316further explained in Gauri Dutt and others v. State of H.P., 2008 1 LatestHLJ 366, and Regularization Policy framed and circulated by the respondents-State in the year 2000, shall be relevant.

(3.) Policy approved by the Supreme Court in Mool Raj Upadhyaya's case reads as under: