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Judgment
Tarlok Singh Chauhan, J
Mr. Ramakant Sharma, learned Additional Advocate General, has submitted that there was no Policy in the Ayurveda Department for converting the Part Time Employees to Daily Wagers and thereafter regularizing their services.
Mr. Arun Kaushal, learned Counsel for the respondent, on the other hand, has opposed the submissions made by learned Additional Advocate General and has submitted that the issue involved in the present case was no longer res-integra. In fact, this Court in various decisions, had held that the General Policy regarding regularization of Part Time Workers, was to be followed in Ayurveda Department as well. The said view was taken by Division Bench of this Court in CWP No.2804 of 2012, decided on 24.04.2012; CWP No.1119 of 2012, decided on 06.03.2012; & CWP No.1565 of 2012, decided on 20.03.2012. Learned Counsel has further submitted that the decisions passed in the said writ petitions have been duly implemented by the State and have attained finality.
Order passed in CWP No.2804 of 2012, dated 24.04.2012, reads as under:-
“The petitioners are part time workers. They pray that they may be treated as whole time contingent employees on completion of 10 years' part time service and thereafter, may be regularized in service after 8/10 years of service, in terms of the policy.
In several cases, we have held that the general policy regarding regularization of part time workers should be followed in the Ayurveda Department, as well. Therefore, the writ petition is disposed of, as follows:-
On completion of 10 years' part time continuous service, the petitioners shall be made as whole time contingent employees and, thereafter on completion of 8/10 years as whole time contingent, as the case may be, they may be regularized in service. It is made clear that in case any of the petitioners is thus made whole time contingent with effect from anterior date, his entitlement for actual benefits as whole time contingent will be only with effect from today.
The pending application(s), if any also stands disposed of.”
Similar orders were passed in CWP No.1565 of 2012 and CWP No.1119 of 2012.
Thus, the issue involved in the present Letters Patent Appeal is no longer res-integra. The decisions given by this Court in CWP No.2804 of 2012, decided on 24.04.2012; CWP No.1119 of 2012, decided on 06.03.2012; & CWP No.1565 of 2012, decided on 20.03.2012, have admittedly been duly implemented and have attained finality.
Consequently, the Letters Patent Appeal is dismissed.
Pending miscellaneous application(s), if any, shall also stand disposed of.