SHAMSHER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was engaged on 1.4.2003 as Beldar/Chowkidar in the Range Office at Nichar, District Kinnaur. Upper Satluj Valley Watershed Development Society was constituted vide notification 23.10.2002. The notification has been issued by the Principal Secretary (Forests) to the Government of Himachal Pradesh. Satluj Valley Watershed Development Society, Rampur, District Shimla was registered under Society Registration Act, 1860 on 16.11.2002. Since the petitioner had completed more than eight years' continuous service, he made a representation for his regularization. Respondent No.3 recommended the case of petitioner on 27.10.2011. Respondent No.3 sent communication to respondent No.2 that there was no provision for regularization in Upper Satluj Valley Watershed Development Society, Rampur. The Principal Secretary (Forests) issued a notification dated 5.5.2012 whereby the society was ordered to cease to function latest by 30.6.2012 after finalization of accounts including audit and balance sheet for the year 2011 -12. The balance funds, pertaining to the implementation of CAT plans etc. lying in the bank accounts of above said society, if any, were to be transferred to the bank account (CAMPA) of the Conservator of Forests, Rampur. Conservator of Forests, Rampur was directed to act as successor of the Satluj Valley Watershed Development Society, Rampur. He was made responsible for record keeping, accounts, audit and RTI etc. The Catchment Area Treatment Plans (CAT Plans) and Compensatory Afforestation (CA) etc. of all Hydro - Electric Projects in Satluj river basis were henceforth were to be implemented through the concerned Conservator of Forests. Project Officer, SVWDS -cum -Divisional Forest Officer, CAT Plan Division, Nichar at Rampur issued 30 days notice to the petitioner for termination of engagement with Satluj Valley Watershed Development Society, Rampur. He was permitted to work upto 30.6.2012.

(2.) WHAT emerges from the facts enumerated hereinabove is that petitioner was engaged on 1.4.2003 in Upper Satluj Valley Watershed Development Society. He has continuously worked and completed eight years continuous service with 240 days in each calendar year. His case was recommended by respondent No.3 to respondent No.2. However, the fact of the matter is that competent authority has taken a decision to wind up SVWDS vide notification dated 5.5.2012. Conservator of Forests has been made successor of SVWD Society. The notification, as noticed above, has been issued by the Principal Secretary (Forests).

(3.) IN sequel thereto, supplementary affidavit has been filed on the affidavit of Conservator of Forests, Rampur. According to him, one post of Chowkidar was lying vacant in Swan River (IWM) Project, Una and the services of petitioner can be utilized in Swan River (IWM) Project Una. The project period is upto 2015.