IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Satyen Vaidya, J
Bhupinder Singh Mehta – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, petitioners have prayed for following substantive relief(s):
“That the respondents may be directed to regularize the services of the applicants on completion of three years of service with all consequential benefits.”
2. Petitioners were appointed as Computer Operators on contract basis in Sutlej Valley Watershed Development Society (for short “Society”) in the month of March 2004. The Society was closed vide notification dated 05.05.2012 and consequently the services of petitioners also came to end w.e.f. 30.06.2012.
3. Thereafter, petitioners were engaged by respondent No. 3 as computer operators on contract basis and were deputed with Compensatory Afforestation Fund Management and Planning Authority (for short, “CAMPA”). Petitioners are continuing to work in the same capacity till now.
4. Petitioners are seeking regularization of their services on completion of three years of contract service with respondents under the regularization policy of the State Government dated 04.05.2017 (A-7).
5. The specific case of the petitioners is that after closure of project their services have been utilized by respondents through respondent No.
The court established that contractual employees performing governmental functions are entitled to regularization under state policy, reinforcing the principles of equality and legitimate expectation....
The court ruled that long-standing contractual employees performing essential government functions must be regularized, rejecting arguments of irregular initial appointments, thereby enforcing princi....
(1) Appeal by Special Leave – Appellant must demonstrate existence of exceptional and special circumstances warranting interference by this Court in exercise of its jurisdiction under Article 136 of ....
Contractual employees with long continuous service in perennial roles under project societies entitled to work charge status on parity, legitimate expectation, equity despite policy bars, distinguish....
Long-serving daily wage employees in perennial roles entitled to work charge status on parity and legitimate expectation despite policy denial, as irregular appointments warrant regularization per eq....
The main legal point established in the judgment is that for regularization, an employee must prove the legality of their initial appointment and cannot claim permanency based on 'legitimate expectat....
Long-standing casual workers may be entitled to regularization under policies issued by the State if they meet duration and vacancy requirements, highlighting protection against arbitrary dismissals.
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