BALBIR SINGH Vs. STATE OF H. P.

JUDGEMENT

(1.) By way of this petition, the petitioner has, inter alia, prayed for the following relief: "(i) That the impugned order dtd. 3/7/2021 (Annexure P15) may kindly be quashed and set aside and further respondents may kindly be directed to regularize the petitioner immediately after completion of 7 years as per the policy of dtd. 28/6/2014 (Annexure P11) with all consequential benefits."

(2.) The case of the petitioner is that he was engaged as a daily wage ClassIV employee in the Government Post Graduate College, Nahan, w.e.f. 23/6/2006. Since then he has been performing the duties of a Daftri/Peon/Chowkidar in Arts Block of the said College continuously without any break. The petitioner upon completion of requisite number of years made a representation for his regularization. Despite extensive communications in this regard having been exchanged between the concerned Authorities, as nothing was done to regularize the services of the petitioner, he filed O.A. No.5830 of 2017 before the erstwhile Himachal Pradesh Administrative Tribunal. This petition was later on transferred to this Court and disposed of by Hon'ble Division Bench of this Court in terms of judgment dtd. 16/10/2020, passed in CWPOA No.3135 of 2020, titled Balbir Singh vs. State of H.P. and others. The relevant portion of the judgment passed by Hon'ble Division Bench is quoted hereinbelow: "In aftermath, the espousal of the petitioner, is, meritworthy, and, if within the ambit of the apposite policy, the petitoiner has completed the requisite period of service, under the respondents, thereupon, the respondents are directed, to, forthwith make an order of regularization in service,of, the petitioner, against the apposite substantive post, along with all incidental thereto benefits. The writ petition is allowed, and, all the pending applications also stand disposed of."

(3.) Pursuant thereto, Director Higher Education, to the Government of Himachal Pradesh, in terms of Annexure P15, has again rejected the case of the petitioner for regularization only on the ground that as the petitioner was engaged as a ClassIV employee by the Principal of Government Post Graduate College, Nahan at this own level without any approval/ permission from the concerned Authority and against a noncreated/ nonsanctioned post, therefore he was not covered under the Policy of regularization because only those incumbents are entitled for regularization who were appointed as per Government approved Policy and against sanctioned/ created post.