Point of Law : State or its functionaries invariably are adopting exploitative method in the field of public employment to avoid its liabilities, depriving the persons employed from their just claims and benefits by making initial appointments on temporary basis, i.e. contract, adhoc, tenure, daily-wage etc.,

JUDGMENT :

Petitioner No. 1 Daulat Ram and petitioner No. 2 late Charundu Ram were engaged in HPPWD Department as daily waged Beldars in August 1991 and November 1991, respectively. As per Mandays Chart, petitioner Daulat Ram continuously completed minimum 240 working days in each calendar year since 1997, whereas petitioner No. 2 Charundu Ram had completed minimum 240 working days continuously in each calendar year since 1998. Both of them had completed 8 years continuous service with minimum 240 working days in each calendar year on or before 31.3.2006, benefit of Regularization Policy dated 18.6.2007, formulated by respondent-State, was extended to them and their services were regularized vide Order dated 20.7.2007 with prospective effect and they joined as such on 26.7.2007.

2. Instant petition has been preferred by the petitioners seeking direction to respondents for granting work-charge status/regularization with effect from the date from which petitioners had completed 8 years of continuous service as per Policy of the Government as well as law laid down by this High Court in CWP No. 2735 of 2010, titled Rakesh Kumar Vs. State of H.P. and others, with all consequential benefits including arrears of salary, pay fixation etc, as according to petitioners, they were entitled for regularization/work charge status in the year 2005 instead of year 2007.

3. Respondents-State has contested the petition on the ground that on regularization in the year 2007, petitioners had joined their regular service on 26.7.2007 without any protest, but filed the present petition in the year 2015 after a lapse of about 8 years and there is inordinate unexplained delay in filing the petition and, therefore, petition deserves to be dismissed on the ground of delay and laches, as stale claim at a belated stage, i.e. after a period of 8 years is neither legally maintainable nor tenable.

4. Referring observations made in pronouncement of this Court in CWP No. 2735 of 2010 Rakesh Kumar Vs. State of H.P., it has been contended on behalf of respondents-State that question of conferment of work-charge status upon the petitioners does not arise as work-charge status in respondent-Public Works Department for class-IV category has been abolished on 19.8.2005, i.e. prior to completion of 8 years of continuous service by the petitioners, with minimum 240 working days in each calendar year. In this regard reliance has also been placed on judgment dated 27.10.2014 rendered by a single Bench of this Court in CWP No. 4589 of 2012, titled Vinay Kumar Vs. State of H.P.

5. Apart from contest on aforesaid grounds, it has also been stated in the reply that in view of law laid down by this High Court in Rakesh Kumar’s case supra, after dismissal of Special Leave Petition/appeal, filed by the State in that case, in January 2015, matter was referred to the Finance Department as well as Administrative Department/Government and after obtaining advise from Finance as well as Administrative Departments, the Engineer-in-Chief, HPPWD, vide letter dated 15.5.2015, has issued instructions/guidelines regarding conferring of work charge status upon completion of continuous 8 years service by the workmen with 240 working days in each calendar year. For granting work-charge status as per guidelines, after re-verification of working days of each workmen, case of the petitioners is pending consideration with the Department and thus petition is liable to be dismissed being premature.

6. It has also been contended that petitioners had not completed 10 years continuous service with 240 working days as on or before 31.12.2002, therefore, they were not covered under verdict of the Supreme Court in Mool Raj Upadhyay’s case and, therefore, they were directly considered for regularization as per Policy dated 18.6.2007, which provided cut of date of completion of 8 years on 31.3.2006, but regularization with prospective effect against vacant post and for this reason and also for abolition of work-c