Suman Kumari vs State of Himachal Pradesh

Tarlok Singh Chauhan, J.—The admitted facts are that from 01.12.1999 the petitioner was working as part-time Sweeper/Water Carrier in Government Senior Secondary School (Boys), Bilaspur and by medium of this writ petition, the petitioner has prayed for regularization of her services in view of her having completed nearly 15 years of service.

The respondents have filed reply and have stated that the petitioner had been engaged by the local PTA of the school as a part-time Sweeper and was being paid on monthly basis out of PTA fund and she had also been working on the same post in Government Senior Secondary School(Girls), Bilaspur, since 01.11.2006. Since her remuneration was being paid out of PTA fund, the school administration and the respondent-State has no role in her engagement and, therefore, her case is not covered under the policy of regularization.

This Court cannot lose sight of the fact that the petitioner has worked as part-time worker for nearly 15 years. Though it is true that she has been employed by the Parents Teacher Association, but, nonetheless she has worked for the aforesaid period. Apart from that the petitioner is also working on the same post for the last 8 years in Government Senior Secondary School (Girls), Bilaspur. Having worked for so long, it would be her genuine expectation that over a period of time her services would be regularized.

Since the petitioner has been working as part-time Water Carrier for the past more than 1 1/2 decades in Government Senior Secondary School (Boys), Bilaspur and for the past more than 8 years in Government Senior Secondary School (Girls), Bilaspur, it definitely proves that there is a permanent requirement of a Water Carrier in the said schools. It is not the case of the respondents that the petitioner is not discharging her duties diligently, honestly and faithfully in either of these schools. Therefore, in such circumstances, can the petitioner be denied a legitimate claim for being regularized? A similar question came up for consideration before learned Division Bench of this Court in Pritam Singh versus State of Himachal Pradesh and others, CWP No. 4098 of 2012 decided on 13.09.2012 and it is apt to reproduce Paras 2 to 4 of this judgment which reads thus:-

"2. The admitted facts are that from 30th November, 1992 the petitioner was working as part time sweeper/water carrier at Govt. Senior Secondary School, Kalal, District Bilaspur. He was appointed by the Parents Teacher Association at Rs. 200/- per month. In 2003 a certificate was issued by the Principal of the school that the petitioner has worked for more than 10 years. The salary of the petitioner in 2004 was increased from Rs. 200/- to Rs. 500/-. The petitioner had also applied for the post of water carrier but he was not selected.

We called for the record and we find that the selection of respondent No. 4 cannot be said to be invalid. At the same time we cannot be oblivious to the fact that the petitioner has worked as part-time worker for more than 20 years. It may be true that he has worked on part time basis and was employed by the Parents Teacher Association but the fact remains that he has worked for 20 years. An employee who worked for 20 years has genuine expectation that over a period of time he would be regularized.

Without going into the merits of the case and without making this case a precedent, keeping in view the peculiar facts and circumstances of the case we direct that in case the work of sweeper or any other work of similar nature is available in the school then it is the petitioner alone who shall be offered appointment against the said post and such post shall not be given to any other person. The petition is disposed of accordingly. No costs."

Taking cue from the aforesaid judgment and bearing in mind the facts and circumstances of the case, more particularly, the fact that the petitioner has already worked for more than 1 1/2 decade in Government Senior Secondary School (Boys), Bilaspur and for more than 8 years in Government Senior Secondary School (Girls), Bilaspur, it is directed that in case work of Water Carrier, Sweeper or any other work of similar nature is available with the respondents, particularly, in the nearby vicinity and preferably in the school where the petitioner is working, then it is the petitioner alone, who shall be offered appointment against the said post and such post shall not be given to any other person.

The petition is disposed of accordingly. No costs.