Vijay Kumar vs State of H.P. and others

Surjit Singh, J.—Heard and gone through the record.

Petitioner had admittedly worked as daily waged Beldar with more than 240 days in every calendar year from August 1995 onwards. He has been regularized w.e.f. 22nd December, 2006, after 11 years as daily waged Beldar. He has filed the present writ petition seeking direction to the respondents to regularize him on completion of 8 years service as per scheme of 2006.

Stand taken by the respondent is that vacancy, against which the petitioner has been regularized, became available on 22nd August, 2006 and therefore, he could not have been regularized, from a date when he completed 8 years� service with 240 days in every calendar year.

Learned counsel appearing for the petitioner submits that some persons, junior to the petitioner, have been regularized from earlier dates. In view of this submission and the stand taken by the respondents, the writ petition is disposed of with a direction to the respondents to regularize the petitioner from a date, not later than the date from which person immediately junior to him, has been regularized. Petitioner shall be entitled to all benefits, including monetary benefits, from the revised date of regularization, in case the date of regularization is required to be changed, in terms of the aforesaid direction. Direction be complied with, within three months.