Workers who complete requisite service cannot be denied regularization due to organizational restructuring or erroneous classification.

JUDGMENT :
AJAY MOHAN GOEL, J.

1. By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“a) That respondents may kindly be directed to regularize the services of the petitioner w.e.f. 16.07.2023 on completion of four years as daily wager alongwith all consequential benefits including arrear of salary alongwith interest @ 6% from the date it became due till its realization in the interest of justice.

b) That all other consequential benefits including seniority may also be granted in favour of the petitioner.”

2. The case of the petitioner is that he was appointed as a daily wage Cook on 16.07.2019 with respondent No.3. According to the petitioner, upon completion of 4 years of continuous service as a daily wage Cook, he became entitled for regularization in terms of the Policy of the State Government. The petitioner made a representation in this regard on 18.09.2023, which was duly forwarded by respondent No.3 to respondent No.2. However, as no action was taken thereupon, hence the petition.

3. The stand of respondent No.3 is that as it is merely a project implementing agency which has been created by way of notification for execution/implementation of various projects and schemes launched by the Centre or the State Government, thereafter the Board does not has any independent source of income of its own. It is further the stand of respondent No.3 that the petitioner was appointed as a daily wage Cook in the Old Age Home at Basantpur vide order dated 16.07.2019 as per sanction letter of the State Government dated 07.04.2017. The entire funds including funds for the salary of the petitioner as well as other similarly situated persons were being provided by the State Government itself. It is also mentioned in the reply of the said respondent that vide notification dated 05.01.2024, State Government took a decision to close the respondent-Board with immediate effect. It was also decided that liability which may arise in future after the closure of the Board shall be borne by the Department of Women and Child Development and Empowerment of SCs; OBCs; Minorities & the Specially-Abled, Himachal Pradesh. With regard to the request of the petitioner for regularization, the stand of the said respondent is that it has already taken up the matter with the Directorate i.e., respondent No.2 and reference in this regard has been made to Annexures R-3/3 and R-3/4 appended with the reply.

4. The stand of respondents No.1 and 2 in their reply is that the petitioner is an employee of respondent No.3, which is an independent organization and respondent No.3 was running an Old Age Home at Basantpur in District Shimla, for which the State Government was providing grant-in-aid to run the aforesaid Home, as per the norms of the departmental Scheme/policy. It is further the stand of the said respondents that the petitioner sought regularization of his services against the post of daily wage Cook in Old Age Home, Basantpur, in terms of the Government Policy dated 30.04.2023, but, as the petitioner is not a Government employee and is not holding any civil post, therefore, he cannot claim any such relief from the respondents in terms of the said notification. It is also the stand of the said respondents that the petitioner is an employee of respondent No.3 which is an independent organization, hence, his grievances are to be redressed by the respondent Council.

5. I have heard learned counsel for the parties and have also carefully gone through the pleadings as well as documents appended there