Point of Law: Once Government itself has framed policy of regularization and same is extended from time to time, then mere fact that there was a time gap in issuance of policy of regularization, which prescribed different cut off dates, cannot be a ground to deny benefits of regularization to workmen on its completion of requisite length of service.

ORDER :

Being aggrieved and dissatisfied with the order dated 26.08.2020 (Annexure P-15), passed by Pr. Chief Conservator of Forest (HoFF), Himachal Pradesh, Shimla, whereby prayer made on behalf of the petitioner for grant of work charge status/regularization from the date he completed 8 years of service with 240 days in each calendar, came to be rejected, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein following substantive reliefs:-

“1. Issue a writ of Certiorari or other appropriate writ, order or direction quashing the impugned order dated 26.08.2020 (Annexure P-15) for all intents and purposes.

2. Issue a writ of mandamus or other appropriate writ order or direction by directing the respondents-department to grant regularization/work charge status to the petitioner after completion of eight years of daily wage service w.e.f. 1.1.2002 with all consequential benefits and release the entire arrear in favour of petitioner within time bound manner.

3. Issue a writ of Mandamus or other appropriate writ order or direction, by directing the respondents-department to re-fix the pay of the petitioner accordingly and release the entire arrear in favour of petitioner along with 12% interest within time bound manner.

4. Issue a writ of mandamus or other appropriate writ order or direction by directing the respondents-department to grant/release the retiral benefits, i.e. pension, leave encashment, gratuity in term of CCS Pension Rules, 1972 as well as leave encashment etc. w.e.f. 01.05.2012 along with 12% interest on delayed payment with in time bound manner.”

2. Precisely the facts of the case, as emerge from the record are that in the year 1994, petitioner was engaged on daily wage basis as Beldar at Forest Division, Karsog, District Mandi, H.P. Though, on 31.12.2001, petitioner after having completed 8 years of daily wage service with 240 days in each calendar year became eligible for regularization /grant of work charge status w.e.f. 01.01.2002 in terms of the policy for regularization framed by Government, but yet no work charge status/regularization has conferred upon him, rather in the year 2007, after petitioner’s having completed 13 years of regular service on daily wage basis, his services were regularized as forest worker. In the year 2007, petitioner filed Original Application before erstwhile H.P. State Administrative Tribunal, which was transferred to this Court and renumbered as CWP(T) No. 1530/2008, titled Neem Chand vs. State of H.P. & others, which came to be disposed of vide order dated 15.03.2010 with the direction to the respondents-department to consider the case of the petitioner for conferring work charge status after completion of 10 years of service, if sanctioned posts were available beyond 2003. The aforesaid order was assailed by the petitioner by way of LPA No. 161/2010, titled Neem Chand Sharma vs. State of H.P. & Ors. before Division Bench of this Court, which came to be allowed vide judgment dated 5.10.2010 and the judgment passed by the learned Single Judge, was modified to the extent that conferment of work charge status would depend on the availability of the sanctioned post is set aside with a direction to the respondents to consider the case of the petitioner afresh in light of judgment passed by Division Bench of this Court in CWP No. 2735 of 2010, titled Rakesh Kumar vs. State of H.P. & Ors., however fact remains that in the year 2016, case of the petitioner was rejected on the ground that Forest Department is not a work charge establishment and case of the petitioner was not covered under Rakesh Kumar’ case supra. In view of above, petitioner was again compelled to file Original Application bearing No. 2466/2017, titled Neem Chand vs. State of H.P. & Ors., praying therein to grant work charge status/ regularization after completion of 8 years of service on daily wage basis in terms of the policy framed by responden