The court ruled that long-standing contractual employees performing essential government functions must be regularized, rejecting arguments of irregular initial appointments, thereby enforcing principles of fairness and legitimate expectation.

The present appeal has been preferred against the impugned order dated 18.03.2025, passed by the learned Single Judge in CWPOA No.2979 of 2020, titled Bhupinder Singh Mehta and Ors. Vs. State of Himachal Pradesh and Others , whereby the learned Single Judge has directed the present appellants to regularize the services of the present respondents, in terms of communication/instructions pertaining to regularization of contractual appointees issued by the Personnel Department of the Government of Himachal Pradesh, dated 04.05.2017 (Annexure A-VI in CWPOA No.2979 of 2020) on completion of 3 years from the date of their respective contractual engagements by appellant No.3. Further the respondents herein have been held entitled to all consequential benefits from the date of regularization of the respective services as they had approached the Court in the year 2017 itself.

2. Admittedly, in the case at hand, the present respondents had been initially appointed as Computer Operators on a contract basis with effect from 01.03.2004 (Respondents No.1 and 3) and 08.03.2004 (Respondent No.2) till 30.06.2012. The aforesaid appointments had been made under the Upper Satluj Valley Watershed Development Society (USVWDS) Rampur (for short “Society”), constituted vide notification dated 23.10.2002 (page 140 of the paper book).

3. The “Society” had been created for implementation of the catchment area treatment plans of all hydel projects coming up or in existence in the Satluj Valley basin. Its staffing pattern was determined in the first governing body meeting held on 18.12.2002 (page 174 of the paper book). Therein need for adequate staff was determined keeping in view the fact that every hydel project above 10MW requires a catchment area treatment plan and besides the existing hydel projects many hydel projects were under investigation and formulation in the Satluj Valley basin. Amongst other posts, six posts of computer operators were approved to be filled in on a contractual basis as catchment area treatment plans of all hydel projects were to be implemented in a time bound manner.

4. The present respondents had been selected as computer operators post their names being sponsored by the employment exchange and after an interview for the said post. The name of the “Society” was changed to Satluj Valley Watershed Development Society on 18.12.2008. The aforesaid Society was closed vide notification dated 05.05.2012 with effect from 30.06.2012.

5. Before closure of the society the conservator of forest Rampur circle vide letter dated 30.05.2012 had requested for the accommodation of the computer operators engaged in the society in his office as work of the society after its closure was to be looked after by his office and payment to the computer operators was sought to be made from Compensatory Afforestation Fund Management and Planning Authority (for short, “CAMPA”) (page 183 of the paper book). On account of closure of the aforesaid Society, services of the present respondents had been terminated with effect from 30.06.2012.

6. Previously vide CWP No.8534 of 2011, the present respondents had approached this Court, seeking the following reliefs:-

“i) That the respondents may kindly be directed to grant the salary at par with the HP Electronic Corporation i.e. Rs.13,500/- instead of Rs.7,810/- per month w.e.f. 01.12.2009 with all consequential benefits.

ii) That respondents may kindly be directed to absorb the petitioners in the forest department, as is done in the case of Sh. Devi