Sh. Babu Ram and Others vs State of Himachal Pradesh

V.K. Ahuja, J.—The petitioners have filed the present petition claiming the relief as under:-

(i) That the respondents may be directed to absorb the services of petitioners in the respondent No. 1 department permanently and allow them all the consequential benefits by taking them in permanent and regular service in the respondent No. 1 department right from the date of their joining the department.

The case of the petitioners is that they were initially appointed in the H.P. Agro Industries and the petitioners'' posts were declared as surplus in the year 2000. A notification dated 26.9.2000 was issued by the State Government, vide which rules were framed to regulate the surplus pool of posts belonging to Government departments/Boards/Corporation, vide Annexure P-1. Thereafter, 48 additional posts were created in the Development Blocks and these were to be filled up from the surplus pool of posts. The petitioners were selected to be sent on secondment basis to respondent No 1 department from respondent No. 4. According to the petitioners, after completion of one year, their services were required to be regularized on satisfaction of the department, where they were serving, considering the report made by the department(s). The grievance of the petitioners is that they were regularized in the year 2012, though they were required to be regularized after completion of one year in their departments.

It has also been submitted by the learned counsel for the petitioners that similarly placed persons were regularized by the same department after completion of one year. Thus, it has been submitted that the petitioners are similarly placed persons and are required to be regularized on completion of one year. A copy of this petition and a certified copy of this order shall be submitted by the petitioners before respondent No. 1 alongwith a copy of policy of the State Government and all relevant documents, who shall consider the case of the petitioners sympathetically, as per the relief granted to the similarly placed persons and respondent No. 1 shall pass an appropriate order within a period of three months from the date a copy of the petition and a certified copy of this order and other documents are placed before him by the petitioners. In view of the above, the petition stands disposed of, so also the pending miscellaneous application(s), if any.