Raj Gopal vs HP State Forest Corporation and Another

Deepak Gupta, J.—The only dispute in this case is, whether the Petitioner should be regularized as Helper or as Chowkidar. According to the Petitioner he was engaged and appointed as Chowkidar on daily wage basis in April, 1985 and thereafter was appointed as Helper on daily wage basis on 7.3.1989. On 31.12.1997 he was regularized as Chowkidar instead of Helper. He represented against the same from time to time and finally filed an Original Application before the learned erstwhile Tribunal. On the abolition of the Tribunal, the Original Application was transferred to this Court and numbered as CWP (T) No. 3985 of 2008. The petition was disposed of with the direction to the Respondent-Corporation to decide the representation of the Petitioner. Thereafter, the representation of the Petitioner was rejected and the Managing Director of the Respondent-Corporation held that the Petitioner was rightly regularized as Chowkidar.

In Gauri Dutt and Ors. v. State of H.P, Latest HLJ 2008 (HP) 366 this Court clearly held that where an employee has worked on two different posts, then an option should be given to him, as to whether he wants to be regularized in the lower post, or in the higher post. In case, he wants to be regularized in the lower post, then his entire service in both posts has to be taken into consideration, whereas if he wants to be regularized in the higher post, then only the service from the date when he started working continuously on the higher post has to be taken into consideration. This Court in a number of cases including CWP(T) 6962 of 2008 has held that such an option has to be given in the case of employees of the Forest Corporation. Mr. V.D. Khidta, learned Counsel for the Petitioner states that he has instructions to state that the Petitioner wants to be regularized as Helper and not as Chowkidar.

Accordingly, the writ petition is allowed and the Respondent-Corporation is directed to consider the case of the Petitioner for regularization/grant of work charge status as Helper by taking into consideration his services from the date when he 3 actually started working as Helper. Needful be done on or before 31st July, 2011. The Petitioner shall also be entitled to all consequential benefits including pecuniary benefits and the same shall be paid to him latest by 31st October, 2011, failing which the Respondent-Corporation shall be liable to pay interest @ 12% per annum.

The petition is disposed of in the aforesaid terms. No costs.