Smt. Kanta Devi vs The State of H.P.

Justice Kurian Joseph, C.J.—The petitioner prays that she may be granted daily wage status in 1996 alongwith others. As can be seen from Annexure P-1, the daily wage status to the similarly situated part timers were given only in case they possessed the qualification of pass in 7th standard. The petitioner had not passed 7th standard. According to the petitioner, she is entitled for consideration in terms of the decision of the Apex Court in Bhagwati Prasad Vs. Delhi State Mineral Development Corporation, . We are afraid that the said contention cannot be considered. In that decision, the Apex Court has dealt with regularization of an employee in the same post. It was held that in case an employee has worked for long on daily wage status in a post at the time of regularization of the same post, the employer cannot insist for prescribed qualification. That is not the situation in the instant case. It is the case where a part timer is appointed as daily wager. It is not a question of regularization, though the employer has loosely used the petitioner. The petitioner prays an opportunity to make a representation to the Government for relaxation in view of the prolonged service, in case the policy permits such a relaxation. It is always open to the petitioner to do so. In the event of the petitioner filing a representation before the second respondent/competent authority, the matter will be dealt with and appropriate action in accordance with law shall be taken thereon within three months. The writ petition is disposed of, so also the pending application (s), if any.