Suraj Mani vs State of H.P. and Others

Kurian Joseph, C.J.—This writ petition is filed with the following prayers:

(i) Directions be issued to the respondents to designate the applicant as complaint attendant w.e.f. 1.1.1998 and place him in the pay scale of 3120-4400 as Complaint Attendant.

(ii) The difference of pay w.e.f. 1.1.1998 to 7/99 in the pay scale of Rs. 3120-4400 and Rs. 2620-4140 be granted.

In reply, in para 6(iii) it is stated as follows:

The contents of this sub para are matter of record. It is admitted that keeping in view the working of the applicant and completion of 10 years of continuous service, the applicant was offered the appointment of Chowkidar, which post he has duly accepted and joined as such. However, it is denied that the applicant was entitled to be appointed as Complainant Attendant. In this respect, it is submitted that as per the policy framed by the Government of Himachal Pradesh in terms of the orders passed by the Hon''ble Supreme Court of India in Mool Raj Upadhyaya case clearly stipulates that a workman is to be brought on work charged establishment after completing 10 years of continuous service with a minimum of 240 days in every calendar year, "in the Lowest grade" as such the applicant had completed 10 years of continuous service as Chowkidar on 31.12.1997 and as such was offered the post of Chowkidar in the lowest grade, which post he has duly accepted, hence the appointment was made to the applicant, strictly in accordance with the policy framed by the Government. The applicant is not entitled to be regularized as Complaint Attendant as he had not completed 10 years of continuous service as Complaint Attendant as on 31.12.1997, he had only worked for 3 years as Complaint Attendant. Therefore, the regularization of the applicant in the post of Chowkidar is strictly in accordance with law.

According to the petitioner, this case is squarely covered by the decision of this Court in Gauri Dutt and Ors. v. State of H.P. Latest HLJ 2008(2) 366. There will be a direction to the first respondent to examine the case of the petitioner in light of the above decision within four months from today. The consequential benefits, if found eligible to the petitioner will be disbursed within another two months.

The writ petition is disposed of, so also the pending application(s), if any.