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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
AJAY MOHAN GOEL
Dharam Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
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/implementa
Workers who complete requisite service cannot be denied regularization due to organizational restructuring or erroneous classification.
The court ruled that a petitioner, employed as a daily wage worker, is entitled to regularization from an earlier date despite a shortfall of service days caused by health issues, emphasizing the Dep....
The main legal point established in the judgment is that the denial of regularization to a daily waged worker, who fulfills the criteria for regularization as per the government's policy and when a p....
The rejection of a case for regularization on the same ground previously rejected by the court is not legally sustainable.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
Point of Law : It stands duly established on record that from date of her initial appointment petitioner has been working on daily wage basis, there is/was no requirement if any for respondents to fi....
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
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....
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