Bodi Devi vs State of H.P. and Others

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

(i) That writ in the nature of mandamus may kindly be issued, directing the Respondents to give daily wager''s status to the Petitioner from the year 1988 and work charged status from the year 1998 as Forest Worker with all consequential benefits as per part time policy of the State Government, since the Petitioner was engaged as part time worker in the year 1978 and she completed her 10 years'' continuous service with 240 days in each calendar year in 1988, hence, as per the policy of the State Government, she was entitled to be given daily wagers status in 1988 and thereafter on completion of another set of 10 years with 240 days in each calendar year, she was entitled to get the work charged status/regularization in 1998, whereas, the Petitioner has been the daily wagers'' status in the year 2007 on completion of total 29 years (i.e. after the delay of 19 from the due date as provided under the 10 years'' policy of the State Government) for no fault on the part of the Petitioner.

According to the Petitioner, in terms of the policy prevailing in the State, after 10 years of part time service, she is entitled to conferment of daily waged status and after eight years of such service with continuity of 240 days in each calendar year, she is to be regularized in service. There cannot be any dispute in principle on the above submission. However, the facts are to be verified. The second Respondent shall look into the matter and take appropriate action in accordance with law and in terms of the policy on regularization, as referred to above. This shall be done within a period of four months from the date of submission a copy of this judgment along with a copy of the writ petition. It is made clear that in the event of the Petitioner being conferred the daily waged status on completion of 10 years part time service, she shall not be entitled to any consequential monetary benefits on account of such conferment. However, such conferment of daily waged service shall be taken into consideration for the purpose of regularization. The Petitioner will produce a copy of this judgment along with a copy of the writ petition before the second Respondent.

The writ petition is disposed of, so also the pending applications, if any.