Dishant Kumar vs State Of H.P. & Others

Sureshwar Thakur, J

Through, the, extant writ petition, the writ petitioner, claims, benefit of conferment, of, status, of, regularization, against the post, Daftri/Peon/Chowkidar, Class-IV employee, upon, him, imperatively, upon his completing, hence, within the ambit, of, the relevant policy, rather 5 years of continuous service thereagainst.

Since, the afore endeavour of the petitioner, becomes, averred in the petition, to, beget failure, despite his repeated requests being made upon the respondents, hence, through the extant petition, he seeks issuance, of, an apposite writ, of, mandamus, upon, the respondents.

However, the respondents seriously contest(s), the afore strivings, of, a mandamus, being made upon them, and, the afore contest is hinged, upon, the factum of the petitioner, being not, on the muster rolls, of, the government, nor his drawing money from the government treasury, rather his drawing moneys/remunerations, from, the amalgamated funds, hence collected from the students.

The petitioner, through, filing rejoinder thereto, denied the afore factum, hence, has been, therethrough(s), able to de-establish the afore contention reared by the respondents, in their reply, (i) inasmuch, as, his casting a contention therein, that, even the amalgamated funds become deposited, in, the government treasury, (ii) and, thereafter payments rather being made to the petitioner by the Principal. Since, the afore contention reared by the petitioner, in his rejoinder, meted to the reply of the respondents, has not come under any serious contest, being made thereto, by the respondents, through, theirs seeking time, to, file either a supplementary explicatory affidavit, or, strivings being made to cast further pleadings, (iii) thereupon, with emanations, of, remunerations, as made, to the petitioner, rather occurring from the government treasury, (iv) whereupon(s) dehors theirs being a part of amalgamated funds, even if collected from students, alike tuition fee(s), obviously as resource generating mechanism, for, meteings expenditure entailed, upon, institutions running the college, yet hence, all the remuneration(s), as, generate from the government treasury, and, as become disbursed by the Principal, to, the writ petitioner, obviously don the trait, and, characteristics, of, remittance of government money(ies), or releases, thereof towards, remunerations or wages, to, the writ petitioner.

In aftermath, the espousal of the petitioner, is, meritworthy, and, if within the ambit of the apposite policy, the petitioner has completed the requisite period of service, under the respondents, thereupon, the respondents are directed, to, forthwith make an order of regularization in service, of, the petitioner, against the apposite substantive post, along with all incidental thereto benefits. The writ petition is allowed, and, all the pending applications also stand disposed of.