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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
Rajeev Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
1. All these petitions have been heard together and are being decided by a common judgment as the common questions of facts and law arise.
2. The petitioners in all these petitions are the employees of Special Area Development Authorities (for short “SADA”). The details, in respect of petitioners, necessary for the issue involved herein can be summarized as under:
| S. No. | Case No. | Name of petitioner(s) | Date of appointment on contract basis/ regularisation | Category of post | Name of SADA |
| 1 | CWPOA No.6959 of 2020 | Rajeev Sharma | 26.02.2007/25.8.2015 | Accountant | Kufri |
| 2 | CWPOA No. 6963 of 2020 | Beli Ram | 25.09.2001/25.8.2015 | Chainman | Kufri |
| 3. | CWPOA No. 6966 of 2020 | Arun Kumar | 20.11.2006/25.8.2015 | Sanitary Inspector | Shoghi |
| 4. | CWPOA No.6967 of 2020 | Virender Kumar | 20.11.2006/25.8.2015 | Sanitary Inspector | Ghanahatti |
| 5. | CWPOA No. 6970 of 2020 | Ashok Kumar | 10.01.2005/25.8.2015 | Sanitary Inspector | Dhalli |
3. All the petitioners were initially engaged on contract basis. Their services were regularized w.e.f. 25.08.2015 in pursuance to the communication dated 27.05.2015 issued by the Director, Town & Country Planning Department, Himachal Pradesh.
4. Petitioners are seeking their regularization in terms of relevant regu
Delay in creating posts cannot affect the rights of contractual employees for regularization after completing the requisite service period.
Employees on contract basis are entitled to regularization after eight years of service as per policy, regardless of post availability, and delays in regularization are unjustified.
Court established that employees working for over ten years on sanctioned posts are entitled to regularization under established rules, reinforcing protections against arbitrary dismissal.
Contractual employees lack a fundamental right to regularization; such claims must comply with constitutional provisions and relevant recruitment rules.
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
The court ruled that long-standing contractual employees performing essential government functions must be regularized, rejecting arguments of irregular initial appointments, thereby enforcing princi....
The court emphasized fair treatment and equal pay, mandating regularization of long-serving employees who were arbitrarily excluded from benefits, thereby reinforcing principles of equality under Art....
The court established that an employee is entitled to regularization upon completion of eight years of service, and undue delays in administrative actions are unjustified and discriminatory.
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