2025 Supreme(HP) 517
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA, J.
Nirmal Singh and others - Petitioners
Versus
Chairman Bhakra Beas Management Board and others – Respondents
CWP No.5796 of 2023
Decided On : 30-04-2025
For the Petitioners:Mr. Desh Raj Thakur, Advocate.
For the Respondents:Mr. N.K. Sood, Senior Advocate with Mr. Aman Sood, Advocate.
Important Points
Subject
Employment - Regularization of Services
Act Referred
CONSTITUTION OF INDIA : Art.14, Art.309
Headnote
(A) Bhakra Beas Management Board Class III and Class IV Employees’ (Recruitment and Conditions of Service) Regulations, 1994 - The petitioners, appointed on a contractual basis, sought regularization of their services after completing the probation period. The court found that the 1994 Regulations do not permit contractual appointments for permanent posts and that the petitioners were entitled to be treated as regular employees. (Paras 4(i)(a), 4(ii)(a), 4(vii))
(B) Employment Law - The principle of estoppel cannot override statutory regulations. The court emphasized that administrative actions contrary to statutory provisions lack legal validity. (Paras 4(vi), 4(vii))
Facts of the case:
Petitioners were appointed on a contractual basis for Class-III posts in the respondent-Board, which faced a manpower shortage. They claimed regularization of their services and associated benefits after completing their probation period.
Findings of Court:
The court ruled that the petitioners should be treated as regular employees from their initial appointment date, confirming their services and entitling them to all benefits.
Issues: The main issues included whether the petitioners' contractual appointments could be deemed regular and the applicability of the 1994 Regulations.
Ratio Decidendi: The court held that the 1994 Regulations govern appointments and do not allow for contractual appointments, thus the petitioners are entitled to regularization.
Result: Writ petition allowed; respondents directed to treat petitioners as regular employees.
JDUGMENT :
(Jyotsna Rewal Dua, J.)
Petitioners are working on contract basis with the respondent-Bhakra Beas Management Board (in short ‘respondent-Board’). They seek direction to the respondents to regularize their services on completion of two years of probation period and to treat their appointments as regular appointments for all intents and purposes. Release of consequential service benefits, i.e. seniority, regular pay scale, increments etc. as admissible to regular employees has also been prayed.
2. Facts:-
2(i). Respondent-Board was facing acute shortage of manpower against vacant critical permanent sanctioned posts of long term employment cadres. On 30.10.2014, the Board took a decision to fill up certain categories of Class- III and Class-IV posts in its Irrigation and Power Wing by direct recruitment on contractual basis. The direct recruitment was to be through regular selection process by the Centralized Staff Selection Committee as per the Bhakra Beas Management Board Class III and Class IV Employees’ (Recruitment and Conditions of Service) Regulations, 1994 (hereinafter to be referred as ‘1994 Regulations’). Relevant portion from the aforesaid office letter dated 30.10.2014 is extracted hereinafter:-
“Subject: Filling up of vacant Critical Technical & Tradesman Class-III & IV post(s) in Irrigation & Power Wing sequel to the decision taken in the 219th meeting of the Board against-Agenda Item “Acute Shortage of Manpower in BBMB”- direct recruitment on Contractual Basis.
……………………………………….
The approval of the competent authority is hereby accorded in respect of the following post(s) (attached at Annexure) for direct recruitment on Contractual Basis as per the decision taken in the 219th meeting of the Board. The direct recruitment shall be through the regular selection process by the Centralized Staff Selection Committee as per the mandate given in the BBMB Class-III & IV Employees (Recruitment and Conditions of Service) Regulation 1994………”
2(ii). Consequent upon the aforesaid decision, Advertisement No.2 of 2014 was issued by the Centralized Staff Selection Committee of the respondent-Board, inviting online applications for recruitment to certain categories of Class-III posts on contract basis for one year and extendable as per requirement. The last date for receipt of online applications was 26.02.2015. Petitioners participated in the selection process under the aforesaid advertisement for the categories of Junior Engineer (Civil), Junior Engineer (Irrigation), Staff Nurse, Hoist Operator and Driver. The petitioners were selected and appointed against their respective applied for categories (Class-III) on contract basis as under:-
| Petitioner No. | Names of the Petitioners Date of | appointment letter | Name of Post |
| 1. | Nirmal Singh | 03.09.2015 | Hoist Operator |
| 2. | Baljit Singh | 03.09.2015 | Hoist Operator |
| 3. | Ishan Sodhi | 05.09.2017 | Junior Engineer (Civil) |
| 4. | Ajay Kumar | 03.09.2015 | Hoist Operator |
| 5. | Shanul Rana | 06.02.2017 | Junior Engineer (Irrigation) |
| 6. | Ajay Kumar | 16.01.2017 | Junior Engineer (Irrigation) |
| 7. | Devender Kumar | 11.05.2017 | Junior Engineer (Irrigation) |
| 8. | Robin Kumar | 16.01.2017 | Junior Engineer (Irrigation) |
| 9. | Anshul Chauhan | 03.01.2017 | Junior Engineer (Civil) |
| 10. | Amandeep Singh | 03.09.2015 | Hoist Operator |
| 11. | Mitter Dev | 29.04.2016 | Driver |
| 12. | Prem Chand | 29.04.2016 | Driver |
| 13. | Shalini Kumari | 27.12.2017 | Junior Engineer (Civil) |
| 14. | Vandana Kumari Sharma | 17.03.2016 | Staff Nurse |
| 15. | Karanveer Singh Mangat | 16.01.2017 | Junior Engineer (Irrigation) |
| 16. | Rahul Saini | 16.01.2017 | Junior Engineer (Irrigation) |
| 17. | Lakshya Gupta | 04.06.2017 | Junior Engineer (Irrigation) |
| 18. | Kuldeep Kumar | 19.05.2017 | Junior Engineer (Civil) |
Appointment orders were issued to the petitioners expressing that their appointment was on contract basis. The terms & conditions governing the appointment were also mentioned therein including Condition No.1(h), that “You will be governed by the service Rules and Regulations of the Bhakra Beas Management Board as in force from time to time”. Petitioners joined the services of the respondent-Board as Class-III em