Sh. Khatri Ram vs The State of H.P. and Others

Dev Darshan Sud, J.—The petitioner had approached this Court by way of CWP No. 5007/2009 praying that his services be regularized in accordance with the policy in vogue. Vide order dated 1.1.2010, this Court had directed: CWP No. 5007/2009

Heard. Counsel for the petitioner says that he would be satisfied in case a direction is issued to the respondents that the case of the petitioner shall be considered in the light of the latest policy regarding regularization of daily-waged workers. Learned Assistant Advocate General says that the respondents are prepared to consider the case of the petitioner in the light of the Government Policy.

In view of the above stated position, writ petition is disposed of with a direction that the case of the petitioner for regularization shall be considered and decided in accordance with the latest policy regarding regularization of daily-waged workers. We give two months time, to be counted from today for taking the decision.

The respondents have filed a reply in which they have stated that the petitioner was found unfit for regularization for the reason that in the year 2004, he had only put 166 days. This is the only point of disagreement between the parties. The petitioner has appended mandays chart from the year 1989 to 2006, issued by the Range Officer, under whom he was working certifying that in the year 2004, the petitioner had put 278 days. There is no explanation as to why the department is now considering 166 days having been spent by the petitioner in the year 2004. It is undisputed that Annexure P-1 is also issued by the department. In these circumstances, order Annexure R-1 is quashed and set aside. A direction is issued to the respondents to re-consider the case of the petitioner taking into consideration Annexure P-1. Such consideration shall be completed within a period of one month from the date of production of a copy of this order. Petition stands disposed of.