PRABHI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed for the grant of following substantive reliefs:

(2.) Briefly stated the facts, giving rise to the present petition are that petitioner's husband late Shri Sher Singh, while serving in the respondent department, as daily wage worker died on 31/8/2014. The husband of the petitioner was engaged, as part time sweeper with the respondent department in October, 1984 and worked, as such continuously and uninterruptedly. The petitioner submitted an application for considering her case for appointment on compassionate basis to respondent No.4, vide letter dtd. 18/9/2014. Thereafter, respondent No.3 referred back the case of the petitioner to respondent No.4, vide letter, dtd. 27/9/2014 with the directions to send complete case file by attaching requisite documents. The Government of Himachal Pradesh, has framed a Policy to regulate and regularize the services of part time worker, vide Notification, dtd. 27/2/2004, whereby it has been decided that part time Class-IV employees, who have completed ten years continuous service as on 31/12/2003, will be made daily wager. As per the Notification, dtd. 27/2/2004, services of the petitioner's husband was required to be made on daily wage basis w.e.f. 1/1/2004 and as per the Policy, the services were required to be regularized w.e.f. 1/1/2012 and these benefits have not been granted to the husband of the petitioner, as his services were made on daily wage basis w.e.f. 12/6/2009 instead of 1/1/2004. The husband of the petitioner served in the respondent department for 30 years i.e. 24 years, on part time basis and 5 years and 2 months, as on daily wage basis and thereafter, died in harness while in service leaving behind three family members solely dependent upon him. Respondent No.3 forwarded the employment case of the petitioner on compassionate grounds alongwith all requisite documents to respondent No.2 on 24/11/2014 and recommended her case on compassionate grounds being widow of late Sher Singh working daily paid Beldar with the respondent department. Respondent No.2 rejected the case of the petitioner for employment on compassionate grounds, vide letter dtd. 9/11/2014, by giving reference of the Notification dtd. 16/8/2005 that late Sher Singh husband of the petitioner had not completed 7 years of service, as daily waged worker and had only rendered 5 years and 2 months, therefore, the petitioner is not entitled for employment on compassionate grounds.

(3.) Reply to the petition has been filed and it has been averred that husband of the petitioner was working, as a part time worker, as daily waged labourer w.e.f. 8/6/2009, as per Government Policy dtd. 5/7/2007. Thereafter husband of the petitioner expired on 31/8/2014, while completed five years service, as daily waged labourer. The State Government, vide letter, dtd. 16/8/2005, fixed seven years criteria, as daily waged labourer to provide employment assistance to the dependents of daily waged labourer, who died in service, therefore, the claim of the petitioner is not maintainable.