Raj Kumar vs The Special Area Development Authority and Others

Deepak Gupta, J.—The Petitioner by means of this petition has prayed that his services as peon in the Special Area Development Authority, Reckong Peo at Kinnaur be regularized.

It is the admitted case of the parties that the Petitioner is working as peon in SADA since 1.11.1996. The Respondents in their reply have annexed documents wherein as far back as on 11.9.2007 the Member Secretary of the SADA had written to the Director Town and Country Planning to create posts including the post of Peon. Thereafter the Director Town and Country Planning sent a detailed letter dated 15.12.2007 to the Secretary Town and Country Planning wherein it was prayed that the Government should grant sanction for creation of one post of Junior Engineer, two posts of Clerks and one post of Peon in SADA, Reckong Peo, District Kinnaur. Thereafter, the Member Secretary, SADA dropped the proposal vide letter dated 12th February, 2008 on the ground that fresh proposal would be submitted. However, recommendations were made for regularization of the Petitioner and then the Director Town and Country Planning asked for the details about the services of the Petitioner which details have been supplied and it is apparent that the Petitioner has been working as Peon since 1.11.1996.

In view of the undisputed facts that the Petitioner is working as a Peon, the Writ Petition is disposed of with a direction to the Respondents to consider the case of the Petitioner for regularization in accordance with the policy referred to in Annexure R-2/7. The Respondents are directed to ensure that the decision on the matter is taken latest by 31st October, 2011. In case the Petitioner is found suitable and regularized from an earlier date, the monetary benefits be paid to him latest by 31st December, 2011. The petition is disposed of accordingly. No costs.