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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Satyen Vaidya, J
Santosh Kumar – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, the petitioner has prayed for grant of following substantive relief:
(1) That directions may very kindly be issued to the respondents to regularize the services of the applicant w.e.f. 01.01.2007 i.e. on completion of eight years of regular service as per the policy with all consequential benefits of pay, arrear, seniority etc., as has been given to the similarly situated persons in the Department and the arrears may very kindly be ordered to be paid to the applicant along with an interest at the rate of 9% per annum in the interest of law and justice.
2. Undisputed facts of the case are that the petitioner was engaged as Driver on daily wages by respondent No.3 in the year 1998.
3. Despite the policy formulated by the State Government to regularize the services of those contractual employees who had rendered eight years continuous service on daily wages, the services of petitioner were not regularized.
4. The petitioner approached this Court by way of CWP No.1709 of 2011 seeking direction against the respondents to regularize his services. It was averred that the Director, Urban Development, Shimla (respondent No.2 in the said pet
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.
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.
Point of Law : Court that practice of the respondent Corporation in not regularizing the service of the workmen even though they have completed eight years of service, amounts to unfair labour practi....
Delay in creating posts cannot affect the rights of contractual employees for regularization after completing the requisite service period.
Contractual employees cannot claim regularization without a formal appointment or established employer-employee relationship.
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....
Statutory authorities must consider employment regularization representations timely; failure constitutes dereliction of duty under Articles 14 and 16 of the Constitution.
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