Sarvo Devi and Others vs State of H.P. and Others

Rajiv Sharma, J.—Petitioners were engaged as Part Time Workers on 29.11.1996, 28.9.1991, 12.5.1995, 7.8.1997, 27.2.1999, 26.10.1999, 3.7.2000, 18.10.2000, 1.1.2000, 1.1.2000 and 22.9.2001, respectively. Respondent-State has taken a policy decision to confer daily wager status on Part Time Workers, who have completed ten years. Consequently, vide separate orders; petitioners were conferred with daily wager status on 6.8.2007, 18.5.2010 and 11.9.2012, respectively.

Case of the petitioners, in a nutshell, is that they were required to be conferred with daily wager status immediately after the completion of ten years on 1.3.2005, 29.9.2000, 13.5.2004, 8.8.2006, 1.3.2008, 27.10.2008, 2.7.2009, 19.10.2009, 2.1.2009, 2.1.2009 and 23.9.2010, respectively.

We are of the considered view that petitioners ought to have been conferred with daily wager status after the competition of ten years as per the policy decisions taken by the State Government from time to time. There are no reasons assigned why the petitioners have not been conferred with daily wager status after the competition of ten years. Part Time Workers, who were conferred with daily wager status after the completion of ten years, are entitled to be regularized after a period of eight years. In case petitioners had been granted daily wager status immediately after the completion of 10 years, they would have become eligible for regularization.

Accordingly, the present petition is disposed of with a direction to the respondents to confer daily wager status to the petitioners immediately after the completion of ten years and to consider the case of petitioners for regularization after the completion of eight years thereafter, as per the norms laid down by the State Government, with all the consequential benefits. Pending application(s), if any, also stands disposed of. No. Costs.