DAULAT RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner No. 1 Daulat Ram and petitioner No. 2 late Charundu Ram were engaged in HPPWD Department as daily waged Beldars in August 1991 and November 1991, respectively. As per Mandays Chart, petitioner Daulat Ram continuously completed minimum 240 working days in each calendar year since 1997, whereas petitioner No. 2 Charundu Ram had completed minimum 240 working days continuously in each calendar year since 1998. Both of them had completed 8 years continuous service with minimum 240 working days in each calendar year on or before 31/3/2006, benefit of Regularization Policy dtd. 18/6/2007, formulated by respondent-State, was extended to them and their services were regularized vide Order dtd. 20/7/2007 with prospective effect and they joined as such on 26/7/2007.

(2.) Instant petition has been preferred by the petitioners seeking direction to respondents for granting work-charge status/regularization with effect from the date from which petitioners had completed 8 years of continuous service as per Policy of the Government as well as law laid down by this High Court in CWP No. 2735 of 2010, titled Rakesh Kumar Vs. State of H.P. and others, with all consequential benefits including arrears of salary, pay fixation etc, as according to petitioners, they were entitled for regularization/work charge status in the year 2005 instead of year 2007.

(3.) Respondents-State has contested the petition on the ground that on regularization in the year 2007, petitioners had joined their regular service on 26/7/2007 without any protest, but filed the present petition in the year 2015 after a lapse of about 8 years and there is inordinate unexplained delay in filing the petition and, therefore, petition deserves to be dismissed on the ground of delay and laches, as stale claim at a belated stage, i.e. after a period of 8 years is neither legally maintainable nor tenable.