Baljeet Singh vs The State of H.P. and Sh. Sarwan Kumar B and R Division, HPPWD Joginder Nagar, Distt. Mandi, H.P.

Justice V.K Ahuja, J.—The petitioner has filed the present petition claiming the following reliefs:

That writ in the nature of mandamus may kindly be issued and the respondent department may be directed to extend the benefit of regularization to the petitioner on the post of the dozer driver in which he is working since 2003 as the respondents has been regularized on the post of store clerk.

That the seniority of the petitioner may very kindly be kept from the date of initial appointment and the respondent No. be kept below in seniority from the present petitioner

The petitioner was initially appointed as a Beldar on daily wage basis w.e.f 6th March, 1991 to 24th of November, 1999 and as per pleadings of the respondents, he worked on daily wage basis till 1999 as Beldar and then thereafter Cleaner w.e.f 25.12.1999 to 31st of March, 2003 and then thereafter, from 1st March, 2003, as dozer driver. According to the policy of the Government, the worker had worked for 8 years on same post he is entitled to be regularized subject to availability of the post. However, the petitioner had worked on three different posts and have not completed eight years service as dozer driver and, as such, he can not be regularized as dozer operator since he has not completed the eight years. The respondents are required to take an option from the petitioner as to on which post, he wants to be regularized and thereafter, the respondents shall consider the case of the petitioner on the basis of the option given and the policy of regularization subject to the availability of the post. The necessary order shall be passed by respondent No. 1, Executive Engineer. The option shall be taken by respondent No. 2 and he shall then recommend the case of the petitioner to the Appointing Authority i.e. Superintending Engineer of the Circle. The necessary option shall be taken from the petitioner after the copy of the order is produced by the petitioner before respondent No. 2, who shall then consider his case and recommend to the Superintendent Engineer, who shall pass appropriate order within a period of three months from the date the matter is brought to his notice. The petition stands disposed of accordingly, so also the pending application(s), if any.