SUMAN KUMARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE admitted facts are that from 01.12.1999 the petitioner was working as part -time Sweeper/Water Carrier in Government Senior Secondary School (Boys), Bilaspur and by medium of this writ petition, the petitioner has prayed for regularization of her services in view of her having completed nearly 15 years of service.

(2.) THE respondents have filed reply and have stated that the petitioner had been engaged by the local PTA of the school as a part -time Sweeper and was being paid on monthly basis out of PTA fund and she had also been working on the same post in Government Senior Secondary School(Girls), Bilaspur, since 01.11.2006. Since her remuneration was being paid out of PTA fund, the school administration and the respondent -State has no role in her engagement and, therefore, her case is not covered under the policy of regularization.

(3.) SINCE the petitioner has been working as part -time Water Carrier for the past more than 1 1/2 decades in Government Senior Secondary School (Boys), Bilaspur and for the past more than 8 years in Government Senior Secondary School (Girls), Bilaspur, it definitely proves that there is a permanent requirement of a Water Carrier in the said schools. It is not the case of the respondents that the petitioner is not discharging her duties diligently, honestly and faithfully in either of these schools. Therefore, in such circumstances, can the petitioner be denied a legitimate claim for being regularized? A similar question came up for consideration before learned Division Bench of this Court in Pritam Singh versus State of Himachal Pradesh and others, CWP No. 4098 of 2012 decided on 13.09.2012 and it is apt to reproduce Paras 2 to 4 of this judgment which reads thus: -