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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Ashok Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Sandeep Sharma, J.)
Since common questions of facts and law are involved in both the above captioned cases and petitioners herein have prayed for similar reliefs, this court heard them together and now same are being disposed of vide common judgment.
2. Precisely, the facts of the cases, as emerge from the record, are that petitioners herein are employees of respondent No.3- Nagar Panchayat Gagret and Nagar Parishad Daulatpur Chowk, respectively. It is not in dispute that petitioner namely Ashok Kumar was engaged on contract basis as Tractor Operator by respondent No.3 on 14.8.2002, whereas petitioners namely Naresh Kumar and Shamsher Singh were appointed as Work Supervisor and Tractor Driver on contract basis on 3.1.2000 and 1.1.2000, respectively in Nagar Parishad Daulatpur. Since despite there being policy of regularization framed by Government of Himachal Pradesh for regularising, service of those contractual employees, who had rendered eight years continuous service on daily wage basis, services of the petitioners were not regularised, petitioners in both the cases are compelled to approach this Court in the instant proceedings, praying therein for reliefs, which are
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.
Delay in creating posts cannot affect the rights of contractual employees for regularization after completing the requisite service period.
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 main legal point established is that the petitioner's services should have been regularized from 1.1.1999 as per the regularization policy, and the plea of delay and laches was rejected due to th....
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....
Contractual employees cannot claim regularization without a formal appointment or established employer-employee relationship.
Court established that employees working for over ten years on sanctioned posts are entitled to regularization under established rules, reinforcing protections against arbitrary dismissal.
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