SUSHIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has approached this Court with the prayer that the services of the petitioner be regularized after completion of eight years of daily waged service and to absorb/deploy the petitioner in any other Department as a Class -III employee. The facts necessary for consideration of this Court are that the petitioner passed his +2 examination from the Himachal Pradesh Board of School Education. He was engaged as Depot Watcher on daily wages basis on 28.1.1989 by the 5th respondent. The petitioner submits that in accordance with the decision of the Supreme Court in Mool Raj Upadhyaya and Others vs. State of Himachal Pradesh and Others,, (1994) 2 SLR 377, daily wagers, having completed 10 years of service with 240 days in every calendar year, are required to be regularized. Pursuant to this judgment, the State took a decision that the services will be regularized after eight years. Petitioner prays that his services be regularized w.e.f. 27.1.1997. The pleading is that from June, 2000 to September, 2007, 1030 employees of the category of the petitioner were declared surplus. They were directed to be taken/absorbed in any other Department from this Department for regularization. He was relieved from service on 20.8.2007 vide Annexure P5. The order states that according to the directions of the Principal Secretary(Forest) addressed to the Principal Secretary(Health), the employees as named in the order including the petitioner were directed to report for duty alongwith original documents.

(2.) THE case pleaded by the petitioner is set out in Annexure P -6. His grievance is that the employees with lesser qualification have been absorbed as Clerks. They were also working with the Forest Corporation prior to they are being relieved. Annexure P -6 reads: -

(3.) THESE pleadings are denied by the respondents. The case set out in a nutshell is that those of the employees of the Forest Corporation, who were not even qualified to be considered for Class -III posts, have been given relaxation in educational qualification etc. and thereafter have been absorbed regularly against that post. The respondents denied these allegations. A plain reading of Annexure P -6 shows the absorption of even third division matriculates as Clerks. It is undisputed before me that the petitioner possesses the requisite qualification has not been absorbed against the post of Clerk. It is also undisputed before me that those of the Class -IV employees who were not qualified were later on absorbed as Clerks after grant of relaxation in educational qualification.