KANCHO DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER has prayed mainly for the following relief:

(2.) NOW respondents did not accord benefit of daily wager status to the petitioner, inspite of her having completed 10 years of continuous service, in terms of policy framed by the State (Annexure P -1). Petitioner was discriminated inasmuch as her colleagues who were engaged subsequently were accorded such benefits under the policy. In fact petitioner made a representation which was not considered for a period of 2 years. She was forced to send a legal notice (Annexure P -5) and also file a petition before this Court for redressal of her grievances. It is only pursuant to the directions of this Court that the respondents passed order dated 18.2.2012 (Annexure R -II), according benefits of daily wage worker w.e.f. 18.2.2012 and not 31.3.2009. Significantly such benefits stand accorded to other similarly situated persons w.e.f. 11.12.2009 which in any event is prior to 18.2.2012. Now this action of the respondents is arbitrary and illegal. Respondents ought to have considered the petitioner's case for according such benefits, in accordance with her entitlement, in terms of the policy, which in any event had to be from the date on which persons junior to her were accorded such benefits. Consequently present petition is allowed and respondents are directed to accord daily wager status to the petitioner in accordance with the policy. Decision in that regard be positively taken within a period of 8 weeks from the date of receipt of certified copy of this order. Monetary benefits, if any, be also disbursed to the petitioner within the aforesaid period, failing which, then thereafter, petitioner shall be entitled to interest @ 6% per annum which shall be personally recovered from the erring official(s). With the aforesaid observations, petition stands disposed of, so also the pending application(s), if any.