Bimla Devi vs The State of H.P. and Others

Justice Kurian Joseph, C.J.—The writ petition is filed mainly with the following prayer:

a) That writ of mandamus be issued directing the respondent to regularize the services of the petitioner with effect from March 2009 with all consequential benefits with interest.

On 15th October, 2011, this Court passed the following Order:

Short reply, as to why the petitioner has so far not been regularized in terms of the policy, be filed within three weeks and if not, it will be taken that the respondents have no objection in granting regularization.

There is no reply as yet. It is seen that the case of the petitioner has been recommended for regularization by the S.D.M., as per Annexure P-5. The recommendation reads as follows:

This is brought to your kind notice that Kumari Bimla Devi D/o Sh. Prulbhu Ram r/o vill Charain Tehsil Theog Distt. Shimla arranged in Sakshatra Abhiyan in the year 11th March, 1999. After the closer of servh Shikhsa Abhiyan at Teho Kumari Bimla Devi was arranged as safasi karamchari in the Sugam centre SDM office theog w.e.f. April 207 to till date. She is working in this office regulary (sic).

Since Smt. Bimla Devi has completed 10 years of service on contract basis, therefore it is requested that she may be regularized on the post of Sweepress. The following certificate of Smt Bimla Devi are enclosed herewith for perusal please:

Education (Matric)

Bonafide

Caractor (sic)

caste certificate

Experience

Non employees

In view of the above, it is recommended that Smt. Bimla Devi belongs for a poor family. Therefore she deserved on the post of the sweepress of this office.

There will be a direction to the second respondent/ Deputy Commissioner, Shimla to pass orders in the matter of regularization of the petitioner, as recommended by the third respondent, within a month from the date of production of a copy of this judgment by the petitioner before the second respondent. Consequential benefits shall be disbursed to the petitioner within another one month. In the event of any delay beyond the said period, the petitioner shall be entitled to interest at the rate of 10% for arrears and the officers responsible for the delay shall be personally liable for the same.

With the above observations, the writ petition is disposed of so also the pending application(s), if any.