LAWS(HPH)-2023-8-75

MOHINDER SINGH Vs. STATE OF H.P.

Decided On August 29, 2023
MOHINDER SINGH Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) The petitioner had worked with respondents as daily wage worker with minimum 240 days with effect from 1997. The regularization of the petitioner was governed by the policy of 2006, wherein the cut off date was 31/3/2004. The petitioner having completed 8 years or more continuous service prior to 31/3/2004 was considered and accordingly granted regularization, as per policy from a prospective date i.e. 10/10/2007, as is evident from Annexure A"2.

(2.) The decision to grant benefit to individuals like the petitioner in terms of judgment passed by this Court, in CWP No. 2735 of 2010 titled Rakesh Kumar Vs. State of H.P. alongwith connected matters decided on 28/7/2010, was taken vide letter dtd. 8/6/2015 i.e. Annexure A"5. Subsequently, the respondents implemented the decision in Rakesh Kumar's case and as a consequence thereof, the date of regularization of the petitioner was changed to 1/1/2005, as is evident from Annexure R"3 dtd. 1/8/2015.

(3.) A perusal of Annexure R"III i.e. office order dtd. 1/8/2015, whereby the petitioner was regularized clearly depicts that the claim of arrears were restricted to three years from the date of filing of the claim in the Court. The restriction of claim of arrears is also evident from Annexures A"3 and A"4 i.e. letters dtd. 17/3/2015 and 19/3/2015, respectively.