YASHPAL Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER No.1 was appointed as daily wage Beldar in respondent No.3 Nagar Panchayat on 1.11.1999. Petitioner No.2 was engaged as daily wage Beldar on 1.9.1999. Petitioners have completed eight years of continuous service on 31.3.2008. Cases of the petitioners were required to be considered for regularization as per regularization policies framed by the State Government from time to time. Respondent No.2 has sought information from all the Executive Officers/Secretaries, Municipal Councils/Nagar Panchayats in Himachal Pradesh regarding daily waged/contract workers as on 22.8.2008. Information was supplied by respondent No.3 on 29.8.2008. Names of the petitioners were also included in the information supplied. Respondent No.2 again sought information towards regularization of daily wagers/contractual employees on 18.2.2010 from all the Executive Officers/Secretaries, Municipal Councils/ Nagar Panchayats in Himachal Pradesh. This information was supplied on 24.2.2010. Respondent No.2 again sought information from the Executive Officers/Secretaries, Municipal Councils/Nagar Panchayats on 11.5.2012 for regularization of services of daily wagers/contract appointees, who have completed 8 years of service and could not be regularized due to non -availability of vacant posts/non -fulfillment of requisite educational qualification. The Executive Officers/ Secretaries were also called upon to supply information whether the additional liability on account of regularization of daily waged/contract employees will be met by the municipality/Nagar Panchayats. Secretary, Nagar Panchayat sent information to respondent No.2 on 1.6.2012 undertaking that the Nagar Panchyat, Mehatpur was able to meet the additional liability/salary etc. and there was no other liability of street lighting bills etc. pending against the Nagar Panchayat. Nagar Panchayat has also passed the resolution on 9.10.2011 to the effect that it was ready and willing to meet out the expenditure of regularization. However, it is evident from the prolonged correspondence entered into between respondent No.2 with the Nagar Panchayat that the steps have already been taken to regularize the services of daily wagers/contract appointees. The only impediment for regularization of daily wagers/contract appointees was due to lack of sanction of posts. The Nagar Panchayat has undertaken to meet out the additional financial burden in the eventuality of regularization as per resolution dated 9.10.2011 followed by letter dated 1.6.2012 Annexure R -3/F. In view of this communication, services of the petitioners ought to have been regularized by now.

(2.) MR . Neeraj Sharma, learned Deputy Advocate General has also submitted that relaxation could not be given to the petitioners and similarly situate persons due to order dated 1.12.2011 passed by the Court in COPC No. 329/2011. Mr. Sanjeev Bhushan has submitted that the order passed in COPC No.329/2011 has been vacated.