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2022 Supreme(HP) 209

MOHAMMAD RAFIQ, SANDEEP SHARMA
State of Himachal Pradesh Through Its Additional Chief Secretary (Animal Husbandry) – Appellant
Versus
Makhan Singh, S/o Sh. Rakha Singh – Respondent


Advocate Appeared:
For the Petitioner:Mr.Ashok Sharma, Advocate General With Ms.Rita Goswami And Mr.Sudhir Bhatnagar, Additional Advocates General
For the Respondent:Mr.Onkar Jairath, Advocate

ORDER :

Sandeep Sharma, J.

Instant writ petition under Article 226 of the Constitution of India having been filed by the petitioners-State (hereinafter referred to as the ‘respondents’) lays challenge to the order dated 26.12.2018 passed by erstwhile H.P. Administrative Tribunal in OA No.3965/2015, praying therein to set aside the aforesaid order, whereby the respondents have been directed to regularize the services of the respondent-Original Applicant (hereinafter referred to as the ‘petitioner’) as Beldar on completion of eight years continuous service with a minimum of 240 days in each calendar year on and with effect from 01.01.2001 alongwith all consequential benefits.

2. Precisely, the facts of the case, as emerge from the record, are that the petitioner was recruited as Daily Paid Beldar in the Animal Husbandry Department, vide memo dated 22.05.1992, and he was continuously working as such up till 09.06.2006, when vide office order of even date his services as Beldar were regularized. Though, as per policy for ‘Regularization of Daily Waged/Contingent Paid Workers’, issued vide letter dated 03.04.2000, services of the petitioner were required to be regularized from the date he

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