High CourtsSingle Bench

Rita Devi vs State Of H.P. And Others

High Court Of Himachal Pradesh · Decided on 6 November 2023 · Citation: (2023) 11 SHI CK 0018

HON’BLE JUDGES
M.S. Ramachandra Rao, CJ · Jyotsna Rewal Dua, J
RESULT
Dismissed
CASE NUMBER
CWPOA No.4490 Of 2020
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Judgment

7 paragraphs · 268 words

M.S. Ramachandra Rao, CJ

1.

The petitioner was initially appointed as Part-Time Water Carrier in the Education Department of the State of Himachal Pradesh and posted at Government Primary School Banshera, District Shimla, Himachal Pradesh on 13.11.1997. She was granted daily wager status by the respondents on 17.12.2012. Her services were regularized on 07.10.2016 by the Deputy Director Higher Education, Shimla.

2.

Petitioner contends that she was entitled to grant of daily wage status after serving for nine years from the date of initial appointment, i.e. in 2006, but conferment of the said status was delayed till 21.12.2012.

3.

If the petitioner was entitled to grant of the said relief after completion of nine years from 05.11.1997, in the year 2006, why the petitioner has waited till 2018 to file O.A., i.e. the period of 12 years, is not explained by the petitioner. Therefore, the said relief cannot be granted on the ground of delay and laches on the part of the petitioner at this point of time.

4.

Other contention of the petitioner is that after grant of daily wage status, petitioner should have been regularized on completion of six years after working as a daily wager and that she should have got this relief in November, 2012 itself.

5.

Admittedly, the petitioner was granted benefit of regularization on 07.10.2016. Since the petitioner has been held disentitled for daily wager status from 2006 on account of delay and laches, she cannot also be granted regularization of services from November, 2012.

6.

Therefore, this petition is devoid of merit and is dismissed alongwith pending miscellaneous application(s), if any.