Jagdish Kumar vs State of H.P.

V.K. Ahuja, J.—The petitioner has filed the present writ petition under Article 226 of the Constitution of India, claiming the relief of regularization. The petitioner challenged that he was engaged as daily wage Beldar by the respondent department in the month of August, 1998 and thereafter, his services were orally terminated w.e.f. July/August, 1999. The petitioner approached the erstwhile H.P. Administrative Tribunal, who quashed the impugned order of illegal termination and the respondent department was directed to re-engage the petitioner. It was alleged that the petitioner has completed more than 11 years of service as a daily wage Beldar and in terms of the policy for regularization framed by the State Government, he is entitled for regularization. The respondents have pleaded that they have already submitted the case of the petitioner to the Head of the Department for regularization, but no orders have been passed by the department so far.

The question of regularization of the petitioner under any policy of the State Government, if legally permissible, orders shall be passed by respondent No. 1 within three months from the date of production of a copy of this order before him, either by the petitioner or by the office of the Advocate General. The question of seniority as per the rules, shall also be considered by the department accordingly. In view of the above, the petition stands disposed of, so also the pending miscellaneous application(s), if any.