GURDAS RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved with the issuance of communication, dated 20.4.2016 (Annexure A-1), issued under the signatures of Deputy Commissioner, Una, District Una, Himachal Pradesh, whereby respondents while regularizing the services of the petitioner as Revenue Chowkidar in Patwar Circle, Rajali Banyala, reflected his date of retirement as 30.6.2016, petitioner approached the erstwhile H.P. Administrate Tribunal by way of Original Application No.3078 of 2016, which now stands transferred to this Court after abolishment of erstwhile H.P. Administrate Tribunal and stands registered as CWPOA No.7778 of 2019, praying therein following reliefs:-

(2.) Certain undisputed facts as emerge from the record are that the petitioner was initially appointed as Chowkidar at Patwar Circle, Rajali Banyala on part time basis in the year 1990. Since, despite petitioner having rendered ten years services on part time basis, respondents failed to convert his part time services into the contract as per the policy, dated 27.2.2004 formulated by the Government of Himachal Pradesh, he filed CWP No.9451 of 2011, titled as Gurdas Ram Vs. State of H.P. & another , seeking therein direction to the respondents to convert his part time services into contract in terms of the policy framed by the Government of Himachal Pradesh. Aforesaid writ petition having been filed by the petitioner came to be decided on 4.11.2011, whereby direction was issued to the second respondent/competent authority to look into the matter and take appropriate action in the case of the petitioner, on verification of facts, in the light of the policy, within a period of four months from the date of production of copy of the judgment.

(3.) On the basis of aforesaid judgment, petitioner represented to the competent authority for conversion of his services from part time to daily waged Chowkidar, but fact remains that no action, if any, ever came to be taken at the behest of the respondents for good five years after passing of aforesaid judgment by Division Bench of this Court in CWP No.9451 of 2011.