RAKESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) A post of Cook became available in Government Senior Secondary School Matiana (Sports Hostel), District Shimla. After inviting applications from the Local Employment Exchange, petitioner was selected and offered appointment against the said post vide offer letter dtd. 31/7/2007. Petitioner joined the institution on 1/8/2007 as a Cook on daily wages. On 7/5/2015, the respondents circulated a Policy for regularization of daily waged/contingent paid workers in all the departments, who had completed 7 years of continuous service with a minimum of 240 days in a calendar year as on 31/3/2015. The petitioner filed Original Application No.328/2018 before the erstwhile H.P. State Administrative Tribunal regarding his regularization in terms of 2015 Policy. Vide judgment dtd. 19/1/2018, the said original application was disposed of with a direction to the respondent/competent authority to consider and decide the case of the petitioner. In compliance to the direction, the respondent/competent authority considered petitioner's case and vide order dtd. 19/6/2018 rejected it on following reasons:-

(2.) Learned counsel for the petitioner contended that the petitioner was appointed as Cook on daily wage basis vide order dtd. 31/7/2007. In terms of Policy dtd. 7/5/2015 (Annexure A-2), petitioner was entitled for regularization of his services w.e.f. 1/4/2015 as he had completed 7 years of continuous daily wage service with the respondents as on 31. 03.2015.

(3.) The submissions made on behalf of the State are based upon the reply filed by the respondents. The same stand was taken by the respondents while rejecting the representation of the petitioner vide order dtd. 19/6/2018. During hearing of the case, on 7/1/2022, learned counsel for the petitioner placed on record the Policy dtd. 22/8/2012 framed by the respondents for conversion of 'Part time Water Carriers in Daily Wages in Education Department'. Admittedly this Policy has been framed pursuant to the judgment dtd. 12/12/2011 rendered in CWP No.3310/2011, titled Leela Devi Vs. State of H.P. & other connected matters. Relevant portion of the Policy dtd. 22/8/2012 is extracted hereinafter:-