ABHIYA RAM S/O SH. BHAGAT RAM, RESIDENT OF VILLAGE Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY PUBLIC WORKS

JUDGEMENT

(1.) THE petitioner who initially was engaged as Helper on daily wage basis in the year 1991 and thereafter as Air Compressor Operator in the year 1994, has filed this writ petition with the following prayer: - i) That writ in the nature of mandamus may kindly be issued directing the respondents to grant all the service benefits of pay alongwith arrears, seniority and other incident benefits to the petitioner from the date the same has been granted to similarly placed persons and also to allow the benefits of appointment against a regular post to the petitioner w.e.f. the date the same has been allowed to similarly placed persons i.e. w.e.f. 2001. The above relief has been sought on the ground that the services of the persons, whose particulars find mention in para 5 of the writ petition and similarly situated to him were regularized w.e.f. 1.1.2001, whereas, by regularizing his services w.e.f 2006 he has been discriminated against such similarly situated persons as he had completed the period of 10 years with 240 days in each calendar year in the joint cadre of Helper and Air Compressor Operator in the year 2001 and as Air Compressor Operator in the year 2004 on the completion of the period of 10 years.

(2.) THE respondents when put to notice have filed the reply and pleaded by way of preliminary submissions that petitioner remained deployed as Helper from the year 1990 to 1993 however, he could complete the requisite number of man days only during the year 1991 to 1993. Thereafter, he was engaged as Air Compressor Operator in the month of February, 1994 and as such has rightly been regularized as Air Compressor Operator in the year 2006 on the availability of post, pursuant to the policy framed by the State Government and approved by the Hon'ble Apex Court in Mool Raj Upadhaya's case 1994 Supp. (2) SCC 316. It is denied that writ petitioner is similarly situated to the persons he referred in para 5 of the writ petition and rather being Air Compressor Operator could have been considered for regularization on his own turn in accordance with the policy and subject to the availability of regular post.

(3.) BEFORE adverting to the factual matrix, it would be appropriate to make a reference to the law laid down by the Hon'ble Apex Court in Mool Raj Upadhaya's case 1994 Supp. (2) SCC 316. The relevant portion of this judgment reads as under: - (1) Daily -wage/muster -roll workers, whether skilled or unskilled, who have completed 10 years or more of continuous service with a minimum of 240 days in a calendar year on 31 -12 - 1993, shall be appointed as workcharged employees with effect from 1 -1 - 1994 and shall be put in the time -scale of pay applicable to the corresponding lowest grade in the Government; (2) daily -wage/ muster -roll workers, whether skilled or unskilled, who have not completed 10 years of continuous service with a minimum of 240 days in a calendar year on 31 -12 -1993, shall be appointed as work -charged employees with effect from the date they complete the said period of 10 years of service and on such appointment they shall be put in the time -scale of pay applicable to the lowest grade in the Government. (3) daily - wage/muster -roll workers, whether skilled or unskilled who have not completed 10 years of service with a minimum of 240 days in a calendar year on 31 -12 -1993, shall be paid daily wages at the rates prescribed by the Government of Himachal Pradesh from time to time for daily -wage employees falling in Class -III and Class -IV till they are appointed as work -charged employees in accordance with paragraphs 2;