Sita Ram and Others vs State of Himachal Pradesh and Another

V.K. Sharma, J.—The petition has been filed on the following prayers vide para 7 (a) and (b):

(a) That the Respondents may kindly be directed to declare the result/merit list pursuant to interview held on 7.10.1999 forthwith for the posts of Sweepers/Workers.

(b) That the appropriate directions may kindly be issued to the Respondents to regularize the service of the applicants Regular Sweepers/Workers in accordance with R&P Rules as well as the interview held on 7.10.1999 with all consequential benefits of service and seniority etc.

In reply on behalf of the Respondents, the following stand has been taken by way of preliminary submissions and para 6(ii) on merits:

Preliminary submissions:

The Govt. of Himachal Pradesh has notified recruitment and promotions rules for the post of regular Class-IV/Sweepers in which provisions has been made that 50% posts will be filled by direct recruitment and 50% from amongst the part time Class-IV who have completed 10 years of service having 240 days in each calendar year as such and fulfill the qualifications as per column 7 of R&P rules. Many of part times do not either fulfill the educational qualifications or many have crossed maximum age limit, therefore, the department has also moved the case to the Govt. for relaxation of age and qualification and the case is under the consideration of the Govt. The case of the applicants alone cannot be considered for regularization as there are senior part times in the department who are senior to the applicants. As and when the relaxation is received the case of the applicant will be considered sympathetically along with others.

6(ii). In reply to this para it is submitted that there is complete ban on filling up vacant posts. Therefore the replying Respondent has sent the case to the Govt. for filling up the vacant posts as well as relaxation in R7P rules for the persons who do not fulfill the same with regard to age and educational qualification as is required under the rules. The latest reference for the same has been made to the Govt. on 16.2.2002. The approval of the competent authority is still awaited. Therefore it is wrong and denied that the department has not started the process of regularization the services of part times workers. The principles of equal pay for equal work cannot be adopted for part times wor5kers as part times are engaged for four hours daily keeping in view the exigency of work in a particular Ayurvedic Health Centre.

In view of the above reply, in case the Petitioners still have any surviving grievance with regard to factual or legal aspects of the matter, they shall be free to make a representation to Respondents/competent authority along with copy of this judgment within one month from today and the said Respondents/competent authority shall consider and take a final decision thereon within next three months, after affording an opportunity of being heard to the Petitioner, if so desired.

The petition stands disposed of, so also pending CMP(s), if any.