Bahadur Singh vs H.P. Tourism Development Corporation Ltd Through Its Managing Director & Others

Jyotsna Rewal Dua, J

Petitioner was engaged as driver by the respondent/Corporation on 24.9.1991, on daily wage basis. His services were regularized as such on 1.10.2002. Petitioner joined as such on 1.10.2002. The case of the petitioner is that he completed eight years of service on 24.9.1999, therefore, as per notification dated 29.8.2002 (Annexure P-2), his services were required to be regularized w.e.f. 24.9.1999. The petitioner accordingly represented to the respondent on 28.1.2011. His representation was turned down by the respondent on 28.2.2011. Aggrieved, the petitioner has moved the instant writ petition for the following substantive reliefs:

"(i) That a writ in the nature of certiorari may be issued thereby quashing and setting aside Annexure P-4 dated 28.2.2011.

(ii) That a writ in the nature of mandamus may kindly be issued directing the respondent to regularize the services of the petitioner to the post of driver on and with effect from 24.9.1999 OR in the alternative, on and with effect from the date when the post of driver fell vacant that too prior to the appointment of the private respondents to the posts of drivers, with all consequential benefits."

Heard learned Counsel for the parties and gone through the record.

The contention raised by the learned Counsel for the petitioner in support of the relief prayed for in the petition is that in terms of notification dated 29.8.2002 (Annexure P-2), issued by the Government of Himachal Pradesh, services of those daily wagers who had completed eight years of service as on 31.03.2000, was to be regularized though subject to availability of vacant post.

The above position is not even disputed on behalf of the respondent. The stand of the respondent is that the post of driver was not available with the respondent/corporation prior to 1.10.2002, therefore, the petitioner was regularized on 1.10.2002 when post became available.

During hearing of the case, a query was put to the learned counsel for the respondent/Corporation in respect of the following averments made in their reply:

"8. That in reply to this para of the petition, it is submitted that Sh. Jagdish Chand and Sh. Ram Swaroop, were appointed as washer boy and workshop helper on 1.5.1985 and 4.5.1989 respectively. Both these officials were appointed as drivers vide order dated 6.4.2002 (not 2.5.2002 as alleged by the petitioner), whereas the petitioner was regularized as Driver on 1.10.2002. The regularization was ordered in accordance with the HP State Govt. policy and prevalent R&P Rules of the Corporation, subject to availability of posts. The regularization of the petitioner and appointment of respondent No. 2 & 3 are different issue. Hence, the contention of the petitioner is denied."

On the instructions of Sh. Maan Singh, Senior Assistant, HP Tourism Development Corporation, present in the Court, learned Counsel for the respondent fairly submitted that respondent No. 2 Sh. Jagdish Chand was appointed as washer-boy in the respondent/Corporation in the year 1985, however, his services were regularized as driver on 6.4.2002. He also submitted that respondent No. 3 Sh. Ram Swaroop was appointed as washer-boy in 1983 and as workshop-helper in 1989. His services were also regularized as Driver on 6.4.2002.

From the averments in the reply as well as the submissions by the learned Counsel for the respondent, it becomes evident that respondents No. 2 and 3, though were not working as Drivers, yet they were regularized as Drivers on 6.4.2002. This belies the stand taken by the respondent/Corporation in reply that posts of Driver were not available with them prior to 1.10.2002. Petitioner has not placed on record any document to show that post of driver was available with respondent/Corporation prior to 6.4.2002.

In view of the above, the writ petition is disposed of by directing the respondent/Corporation to consider the case of regularization of the petitioner w.e.f. 6.4.2002 i.e. from the date when respondents No. 2 and 3 who were initially working in the capacity of washer boy/workshop helper were regularized as Drivers. Let the needful be done within a period of two months from today. Consequential actions shall follow. Pending application(s), if any, shall also stand disposed of.