Kundan Singh vs State Of Himachal Pradesh & Ors

Jyotsna Rewal Dua, J

The petitioner seeks regularization of his services as class-IV employee in terms of memo dated 2.8.2017 (Annexure A-1).

As per the averments made in the petition, the petitioner was serving as Part Time Water Carrier in Government Primary School, Ghundavi, Tehsil

Shillai, District Sirmour w.e.f. the year 2002. Annexure A-1 is a communication dated 2.8.2017 from the office of Deputy Director of Higher

Education addressed to the Superintending Engineer, I&PH Circle, Nahan in respect of regularization of 41 part time water carriers (PTWC/Water

Carrier-cum-peon) on daily wages for the post of peon appointed under 1996 and 2001 policy, who had rendered 14 years continues service as

PTWC/WTWC. Name of the petitioner figures at serial No. 40 of this list.

Respondent No. 2, the Director of Higher Education, Himachal Pradesh in his reply to the petition under preliminary submissions has submitted:-

“In this behalf, it is submitted that State Government vide letter dated 23.2.2017 conveyed that Part Time Water Carrier and Water Carrier-cum-

Peon on daily wages basis working in Higher/Elementary Education appointed under 1996 and 2001 policy, who have rendered 14 years continuous

service as PTWC or PTWC and Water Carrier-cum-Peon on daily wage basis (combined) till 31 March, 2016 and 30th September, 2016 be

regularized as Peon (Class-IV) against the available vacancies of Peon (Class-IV) in Education Department, prospectively throughout the State.

Subsequently State Government vide letter dated 26-4-2017 further conveyed that matter came to the notice that available posts in the Education

Department against which the regularization is to be made are less then requirement. The matter was taken up with Finance Department, which has

observed that in view of need of for economy and the fact that if these persons are adjusted in other Departments Class-IV vacancies, then the

demand of other Department to fill up their Class-IV posts will be met with. The Finance Department further approved that in view of availability of

sufficient vacancies of Class-IV in Education Department, Department may consider adjustment of remaining posts of Daily Wages Water

Carrier/Water Carrier-cum-Peon presently on daily wages for regularization against vacancies in the other department such as Health, Animal

Husbandry, Agriculture, Horticulture, Technical Education and irrigation of Public Health in their respect district by Deputy Directors and concerned

Department of the district subject to completion of all codal formalities. Accordingly, the name of the applicant including others were sent to

Superintending Engineer I&PH Circle, Nahan (H.P) vide letter dated 2-8-2017 as per vacancies conveyed by said Department, but no response

received till August, 2018. Thereafter the Department of Panchayati Raj & Rural Department of H.P. desired to fill up four posts of Peon out of 15,

who were matric passed vide E-mail dated 5-9-2018 and the name of applicant along with 3 other were sent to said Department of Panchayati Raj &

Rural Department. Accordingly, applicant and others have been offered appointment on 24-11-2018 and applicant has joined his duties on 27-11-2018.

As such, in view of submissions made here in above applicant has no cause of action to file and maintain this original application and same deserves to

be dismissed in the interest of justice.â€​

From the stand of respondent No. 2 (extracted above), it becomes apparent that name of the petitioner along with others were sent to the

Superintending Engineer, I&PH, Nahan vide letter dated 2.8.2017 (Annexure A-1) as per the vacancies conveyed by the department. But since no

response was received from the said department till August 2018, therefore, the petitioner could not be regularized in I&PH department. Subsequent

to filing of the present petition, on 5.9.2018, a request was received from the department of Panchayat Raj and Rural department for filling-up 4 out of

15 posts of peon. Pursuant to their request, name of the petitioner along with three others, who were all Matric pass, were sent and accordingly, they

were offered the appointments on 24.11.2018.

Since subsequent to the filing of the petition, the petitioner, in fact has joined his duties in the department of Panchayati Raj and Rural department on

27.11.2018, therefore, nothing survives for adjudication in the instant writ petition. Same is accordingly disposed of as such, reserving liberty to the

petitioner to take re-course to appropriate remedy in accordance with law for his surviving grievances, if any. Pending application(s), if any, shall also

stand disposed of.