NARMADA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN terms of Office Order dated 4.6.2010 (Annexure P -3), services of late Shri Surinder Singh, predecessor -in -interest of the present petitioners, were regularized. Service eight years prior to 31.12.2001 was taken into account for the purpose of disbursement of pensionary benefits and other allowances. However, in terms of the impugned Office Order dated 12.7.2010 (Annexure P -4), this Office Order (Annexure P -3) stands withdrawn. Noticeably, before passing the said impugned order, petitioners were neither issued any show cause notice nor were they heard. Hence, the impugned order, being illegal, needs to be quashed on this ground alone. Ordered accordingly.

(2.) THAT apart, it is a matter of fact that late Shri Surinder Singh, predecessor -in -interest of the present petitioners, who expired on 14.9.2005, had actually served as a Beldar with respondent No. 2/3. He was initially engaged as a Beldar in the year 1993, but however since he had not completed more than 240 days in each calendar year, his services could not be regularized, after completion of ten years of service, in accordance with the ratio of law laid down by the Apex Court in Mool Raj Upadhyaya versus State of H.P. and others, : 1994 Supp.(2) SCC 316. But the fact of the matter is that subsequently Government itself framed a policy, whereby services of persons who completed more than eight years of continuous service as a daily wager were to be regularized. It is claimed that in terms of the said Policy, services of such persons who were junior to late Shri Surinder Singh, even prior to completion of eight years, stood regularized. As such, if services of persons junior to late Shri Surinder Singh were regularized prior to the date of his death, i.e. 14.9.2005, his services shall also be deemed to have been regularized as a daily -waged Beldar. It is clarified that the services shall be regularized from the date when such benefits were accorded to the persons junior to him. Also, in any event, with the completion of eight years continuous service, services of late Shri Surinder Singh were to be regularized in terms of the prevalent policy. In this view of the matter, respondents are directed to take an appropriate action within a period of three months from the date of production of certified copy of this order before the competent authority. Needless to add, all monetary benefits, as may be found due and admissible, shall be disbursed to the present petitioners within the aforesaid period, failing which, then thereafter, petitioners shall be entitled to interest @ 9% per annum, which shall be personally recovered from the erring officials.