Jogeshwar Singh vs State of H.P. and Another

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

(i) That the Petitioner in the facts and circumstances prays that the Respondents may be directed to regularize the Petitioner in accordance with the policy of the Govt. and in view of the judicial judgments of the apex court.

(ii) That the Respondents may be directed to pay to the Petitioner consequential benefits and arrears etc. after 1.4.2006 till date along with interest @ 12% prevalent at present. The Petitioner further submits that he has completed ten years on 31.3.2006 and he should have been regularized on 31.3.2006 and there after till date he is entitled for arrears and increment etc. on account of such delay on the part of the Respondents.

It is not in dispute that the Petitioner has been continuing as a daily waged Beldar ever since 1997. In the normal course, depending upon the policy prevalent at the relevant time, subject to availability of vacancy, after completion of 8/10 years of service on daily wage basis, he ought to have been regularized. The learned Dy. Advocate General submits that qualification prescribed is middle pass as far as Class-IV employees are concerned and the Petitioner does not possess that qualification. It is seen that R&P Rules contained a provision for relaxation in appropriate cases. In several cases, this Court has directed the Government to consider the cases of those people, who have been working for long, in terms of equity and justice. If a daily waged Beldar can be continued with satisfactory performance for over 10 years, it is only just, fair, proper and reasonable that the Government considers his case by relaxing the educational qualification, which is solely a minimum level of literacy.

Therefore, there will be a direction to first Respondent to look into the matter in light of the observations made above and take appropriate action within a period of four months from the date of production of a copy of this judgment along with a copy of the writ petition by the Petitioner.

The petition stands disposed of, so also the pending application(s), if any.