SUSHMA DEVI Vs. AGRO INDUSTRIAL PACKAGING INDIA LTD.

JUDGEMENT

(1.) In the present original application the applicant is praying for the following relief Quash the impugned inaction of the respondent department whereby the respondents are not regularizing the service of the applicant against the post of class - III, being arbitrary, malafide and illegal. :

(2.) The facts as pleaded are that the applicant is a matriculate and she was initially engaged as daily wager w.e.f. 10.6.1989 and was given appointment letter for six months on 24.7.1989 and ever since she has put in 240 days service in each calendar year, and as well as she has completed 14 years of service which is more than minimum eight years of service which entities the applicant for regularization of her service in accordance with Rules and the law settled by the Honble Supreme Court. The applicant has become due for regularization w.e.f. 1997.

(3.) It is further averred that the respondents/department gave fictional breaks in her service in November, 1990 in as much as the junior persons (more particularly one Shahida Begum) were retained by the respondent and the applicant was orally terminated with a view to deprive the applicant of her legitimate right of being regularized with the efflux of time. Against the said illegal termination, she filed an original application No. 482/91 before this Tribunal which was however withdrawn with liberty on 08.04.1993, (Annexure -A1). Thereafter, the applicant approached the Honble High Court of Himachal Pradesh by filing CWP No. 344/93 and the Honble High Court was pleased to issue interim orders on 20.4.1993 (Annexure -A2) whereby it was directed that the applicant be re -regaged immediately. In pursuance to this interim orders, the applicant re -joined the service with the respondent/department on 22.4.1993. The said writ petition also came to be finally disposed off by the Honble High Court of Himachal Pradesh on 21.06.1993 (Annexure -A3). Ever since, the applicant continued on the same post uninterruptedly.