SOM DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant initially appointed as Beldar in the year 1979 is aggrieved by the act of the respondents in not regularizing his services after completion of 10 years of service. He ought to have been regularized as beldar in the year 1989 in Bhajji Forest Range under Shimla Division but his name has not been considered for the post of Forest Guard from 20% quota reserved for Beldars. Had he been regularized on completion of 10 years, he would have been eligible for the post of Forest Guard in 20% quota. Thus, he has filed this Original Application seeking following reliefs : - "(i) Directing the respondents to grant seniority to the applicant w.e.f 1979 i.e. the date when he was initially appointed; (ii) Directing the respondents to regularize the applicant after completion of 10 years service and grant him at consequential benefits; (iii) Directing the respondents to grant all consequential benefits after granting seniority to the applicant; (iv) Directing the respondents to consider the name of the applicant for the promotion to the post of Forest Guard by counting his earlier service rendered by him in the Department; (v) Any other order which this Honble Tribunal may deem fit and proper in the facts and circumstances of the case may kindly also be passed; (vi) The record pertaining to the case of the applicant may kindly also be summoned which would help this Honble Tribunal to arrive at just conclusion; and (vii) The Original Application may very kindly be allowed with costs."

(2.) The respondents have resisted the claim of the applicant by raising a plea that his request for regularization of the services in 1989 is baseless and against the direction/instructions of the Government. In Forest Department, no seniority of daily waged Mazdoors used to be maintained prior to January, 1984. He might have been working in Bhajji Range prior to January, 1984 on Muster Roll on daily wages as casual labourer for seasonal forestry works but no record has been maintained. Mandays in respect of the applicant from January, 1984 to December, 1997 is annexed as Annexure R.I. The matter regarding liberalizing the policy of regularization of daily -waged workers in all the Departments (other than work -charged categories of Public Works and Irrigation and Public Departments/Boards/Corporations/Universities etc. had been engaging the attention of the Government for some time past. Therefore, in partial modification of Department letters dated December 11, 1997 and December 16, 1997, it has been decided that the daily wages workers in all the Departments including Public Works and Irrigation and Public Health Departments (other than work -charged categories/Boards/Corporation/Universities etc. who have completed 9 years of continuous service (with a minimum 240 days in a calander year) as on March 31, 1998 may be regularized. However, vide subsequent letter dated July 8, 1999, the period has been reduced from 9 years to 8 years. It is pleaded inter alia that the applicant has completed 10 years continuous service as on December 31, 1993 as per chart of Mandays, but it was not possible for the respondents to regularize the services of the applicant before December, 1997.

(3.) We have heard Sh. S.S. Sood, learned Counsel for the applicant and Sh. Chirag B. Singh, learned Deputy Advocate General for the respondents. We have also perused the written arguments submitted by the learned Counsel for the applicant.