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Judgment
Ajay Mohan Goel, Judge (Oral)
By way of present petition, the petitioners have, inter alia, prayed for following reliefs:-
“(i) That a writ in the nature of mandamus may be issued directing the respondents to confer the status of whole time worker to the petitioners with effect from the date when their juniors were granted such status w.e.f. 13.10.2000 and further to regularize services of the petitioners from the same date when their juniors have been regularized.
(ii). In the alternative, writ in the nature of mandamus may be issued directing the respondents to grant status of whole time workers to the petitioners after completion of 10 years by further directing the respondents to regularize the services of the petitioners after 8 years of getting such status with all consequential benefits of pay, arrears, seniority etc. etc.”
When this case was listed on 29.07.2026, the following order was passed:-
“By way of instant petition, the petitioner has approached this Court, inter alia, praying for following relief:-
“That a writ in the nature of mandamus may be issued directing the respondents to confer the status of whole time worker to the petitioners with effect from the date when their juniors were granted such status w.e.f. 13.10.2000 and further to regularize services of the petitioners from the same date when their juniors have been regularized .”
When this case was listed on 20.06.2026, the following order was passed:-
“Heard for some time. List for continuation on 24.06.2026. Learned Additional Advocate General to have instructions by the next date as to whether after the filing of the petition, the petitioners were regularized and if yes, then from which date and from which date status of daily wager was conferred upon them.”
In compliance thereto, learned Additional Advocate General has handedover instructions received from Director of Higher Education, H.P., relevant part whereof, reads as under:-
“ In this regard, it is submitted that the petitioners were appointed as Part Time Water Carrier in the year 1998. The services of all the petitioners were converted as Part Time Water Carrier to Daily Wager on 04.10.2012. Thereafter, the services of all the petitioners were regularized in the year 2016.”
Learned counsel for the petitioner seeks time to go through the same. List on 12 August, 2026.”
Learned counsel for the petitioners submitted that the Hon’ble Division Bench of this Court in CWP No. 3310 of 2011 titled Leela Devi vs. State of H.P. & Others, decided on 12.12.2011 has been pleased to lay down guidelines relating to conferment of daily wage status as also regularization of part-time water carriers. He submitted that in terms of the judgment of the Hon’ble Division Bench, part-time water carriers, upon completion of 10 years of service, are to be converted to Whole Time Contingent Employees on daily waged basis. Thereafter, those employees, who have completed 240 days in a year for at least 8 years as daily wagers, are to be appointed on a regular basis as Class IV employees.
Learned counsel for the petitioner also submitted that in the present case, the petitioners were appointed as part-time water carriers in the year 1998 and were converted to Whole Time Contingent Workers/daily wagers on 04.10.2012. Their services were regularized in the year 2016. He submitted that in terms of the judgment of the Hon’ble Division Bench, the petitioners should have been converted to Whole Time Contingent Workers/daily wagers in the year 2008. He submitted that though regularization was ganted in the year 2016 which is in terms of the judgment of the Hon’ble Division Bench, yet the Whole Time status was conferred upon the petitioners four years after the due date.
Learned Additional Advocate General tried to justify the decision of the Authorities conferring daily wage status upon the petitioners on 04.10.2012, but could not demonstrate to the contrary that in terms of the judgment of the Hon’ble Division Bench, the daily wage status should have been conferred upon completion of 10 years of service.
It is not the case of the respondents in their reply that from 1998 onwards there was any break in service and the petitioners served regularly as Part Time Water Carrier only from 2002 onwards to justify conversion in 2012.
Therefore, to this extent, the petitioners are entitled to the relief that their services are required to be converted to the status of Whole Time Contingent Employees on daily wage basis upon completion of 10 years of service as part-time water carriers. Ordered accordingly. The act of the respondents conferring daily wage status on the petitioners with effect from 04.10.2012 is held to be bad in law. The respondents are directed to confer the status of Whole Time Contingent Employees on daily wage basis upon the petitioners immediately post completion of 10 years of service on part-time worker. This relief shall be granted with all consequential benefits, as the petitioners have approached this Court in the year 2012.
Obviously, as from the date of appointment in the year 1998, the petitioners will be entitled to conferment of the whole time status somewhere in the year 2008. Their regularization in the year 2016, being after 8 years from the said date, is not being interfered with. The arrears etc., to which the petitioners may be entitled to, be released in their favour within three months from today, failing which the same shall carry interest @ 6% per annum from the date of decision till the date of actual payment.
With the aforesaid observations, the instant writ petition stands disposed of, so also, the pending applications, if any.