Shobha Ram and Others vs State of H.P. and Others

Deepak Gupta, J.—The Petitioners herein were recruited as peons/mallis/Chowkidars i.e. in class-IV service after their names were sponsored by the employment exchange and proper interviews were conducted. They were issued appointment letters in March/April, 2002 and asked to serve on a fix consolidation salary of Rs.2620/- per month. One of the conditions was that they would be serving for one year or till the vacancy is filled up from the persons sponsored from the surplus pool of the Government.

The Petitioners filed the present petition in the year 2005 i.e. three year after they had joined service and claimed that they should be paid the regular scale of pay which was being paid to the other employees including temporary employees deputed from the surplus pool to man such posts. They also claimed that they should be given regular appointment. It would be pertinent to mention that the Petitioners are continuing till date against the same posts. By now, they have completed more than eight years in the post. Even as per the policy framed by the State Government daily wagers who had put in more than eight years service are to be granted work charge status/regularized. The Petitioners stand on a better footing than daily wagers because they were selected after due process and were put on a consolidated salary. Therefore, the petition is disposed of with the direction that the Petitioners shall be given work charge status/regularized on completion of eight years service and placed in the regular scale thereafter. The needful be done latest by 30th April, 2011. The petition is disposed of in the aforesaid terms. No order as to costs.