Kundan Singh And Others vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

By way of this petition, the petitioners have, inter alia, prayed for the following reliefs:

"(i) That the respondents may kindly be directed to consider the candidature of the applicants for regularization w.e.f. the year 2007 as Class­IV/Whole Time with all consequential benefits.

(ii) That the respondents may kindly be directed to grant daily wage status after completion of 10 years service as has been granted by the Hon'ble High Court in its judgment Batti Devi and others Vs. State of H.P. (CWP No. 5383/2014) with all consequential benefits."

In the response which has been filed by the State to the petition, the State has taken the following stand in para­2 of the reply:

"2. That Hon'ble High Court was pleased to pass the following directions in CWP No. 5383 and other similar matters:

"Petitioners were engaged as Water Carriers on part time basis with the respondent­ department in the year 1997. They were conferred daily wage status on 16.12.2012 instead of 2007. Consequently, petitioners shall be deemed to have been conferred daily wage status w.e.f. 2007. Thereafter, the case of the petitioners shall be considered for regularization as per the policy formulated by the State Government.

In view of this, the present petitions are disposed of, so also the pending application(s), if any. No cost."

After passing of aforesaid directions matter was taken up with the Administrative Department/State Govt. vide letters dated 1­7­2015 and 11­2­2016, who vide letter dated 20­8­2016 has conveyed that it has been approved by the State Government that Part Time Water Carriers and Water Carriers­cum­Peon on daily wage basis working in Higher/Elementary Education appointed under 1996 Policy as Part Time Water Carrier and Water Carrier­cum­Peon on Daily Wages basis (combined) till 31st March, 2016 and 30th September, 2016 may be regularized as Peon (Class­IV) against the available vacancies of Peon(Class­IV) in Education Department with immediate effect throughout the State. Accordingly, applicants No. 4, 5, 6, 7, 8, 11, 13, 18, 19, 20, 21 & 23 have already been made regular vide order dated 18.10.2016 by the Deputy Director of Higher Education, Sirmaur, who being Appointing and Controlling authority of the category of the applicant and the services of applicant No. 1 already stood regularized vide office order dated 30.07.2016 w.e.f. 2006. In respect of remaining applicants, regularization process is underway. As such, the applicants are not entitled to file and maintain this application."

In view of the stand so taken by the Government, this petition is disposed of with the direction that services of those petitioners who have not been regularized, be positively regularized on or before 30th November, 2020, in accordance with law, subject to eligibility.

Miscellaneous applications, if any, also stand disposed of.