Bega Nand Sharma vs State Of Himachal Pradesh And Others

Mohammad Rafiq, CJ

Notice. Mr. Nand Lal Thakur, learned Additional Advocate General, appears and accepts service of notice on behalf of the respondents.

This writ petition has been filed by Bega Nand Sharma, who was initially engaged on daily wage basis as Assistant Fitter in the office of the Executive Engineer, I&PH Division, Anni, District Kullu, H.P., in the year, 1985. His first posting was at Anni, under I&PH Division Anni, District Kullu, H.P.

According to the petitioner, the petitioner has completed 240 days of service in the year, 1986 itself and was required to be regularized in the year, 1992, but, the respondents wrongly delayed his regularization and eventually regularized his services in the year, 1996. Not only the petitioner is entitled to be regularized in service in the year, 1992, but, he is also entitled to arrears, increments and other consequential benefits for the intervening period. The petitioner has time and again personally visited the office of the respondents and each time, he was assured that he will be given due benefit, but, nothing happened.

It is contended that a junior person has been promoted to the next higher post of Fitter, by ignoring the petitioner, who ought to have been promoted, as such, on completion of ten years' regular service as Assistant Fitter, but he was promoted to the post of Fitter only in the year, 2018, almost after completion of about thirty years' service.

It is further contended that the petitioner has recently filed a detailed representation, dated nil (Annexure P-2) to respondent No.3-the Executive Engineer, I&PH Division, Anni, District Kullu, H.P., praying for his regularization in the year, 1992 instead of 1996 on the post of Assistant Fitter with arrears, increments and all other consequential benefits accrued therefrom. So far as no decision has been taken by respondent No.3 on the said representation.

Having regard to the limited nature of submissions made and without commenting upon the merits of the case, we dispose of the writ petition with direction to respondent No.3-the Executive Engineer, I&PH Division, Anni, District Kullu, H.P., to decide the aforesaid representation (Annexure P-2) by a speaking order within one month from the date of submission of a copy of this order before the said authority.

Pending miscellaneous application(s), if any, shall also stand disposed of.