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, distinguishing irregular from illegal appointments.

JUDGMENT :

BIPIN CHANDER NEGI, J.

The present Letters Patent Appeal has been filed against the impugned judgment dated 20th June, 2025, whereby the present appellants have been directed to consider the case of the present respondent for grant of work charge status and regularization of the service of the present respondent from the due date, in accordance with law as laid down in Sant Ram and another vs. State of H.P bearing CWPOA No. 3562 of 2019 decided on 6.9.2022, and Bhupender Singh Mehta and another vs. State of Himachal Pradesh and another bearing CWPOA No. 2979 of 2020 decided on 18.3.2025. The aforesaid, as per the impugned judgment, is required to be done within six weeks. Benefits, if any, flowing to the present respondent are also to be released within the aforesaid period.

2.The admitted facts in the case at hand are that the respondent was initially engaged as a Driver on contractual basis in time specific externally aided project namely HP Mid Himalayan Watershed Development Project (HPMHWDP) from 20.11.2010 to 31.3.2017. Thereafter the respondent was engaged as such in another externally aided project namely Integrated Development Project for Source Sustainability and Climate Resilient Rain-fed Agriculture (IDP) from 1.4.2017 till date. (See preliminary submission No. 1 in the reply filed by respondent No. 3/present appellant No.3 to the writ petition placed at page 268 of the paper book)

3.Besides the aforesaid, in the reply filed to the writ petition, it has been categorically averred by present appellant No. 3 that the present respondent is a member of the H.P. Natural Resource Management Society and is, therefore, governed by its rules and policy.

4.Alongwith the reply filed by present appellant No. 3 to the writ petition, Notification dated 19.4.2017 (Annexure R-2) had been placed on record (page 286 of the paper book). From a perusal of the Notification, it is evident that the Himachal Pradesh Forest Department had implemented the following projects, namely, Kandi Project I & II (1990–2005), Indo German Changer Project (1992– 2006), H.P. Mid Himalayan Watershed Development Project (2005–2017), and the Swan River Project Una (2006–2016). Vide the aforesaid Notification, a policy was sought to be framed to regulate the service conditions of the staff engaged in the aforesaid projects.

5.From a perusal of clause 4.1 of the policy so framed, it is evident that the Himachal Pradesh Natural Resource Management Society is the controlling authority for all project staff executed under the H.P. Forest Department irrespective of the project they worked in and the funding agency. In clause 6.1 of the policy it has been mentioned that the staff engaged in the projects shall not be the employees of the H.P. Government and all decisions regarding the deployment and service conditions of the project staff will be taken by the society. Other than the aforesaid, it has been categorically specified in the aforesaid clause that the appointment shall not confer any right on the incumbent for regularization of service at any stage in the Government of Himachal Pradesh.

6.Further, perusal of Clause 2 of the policy specifically 2.1 therein, reflects that in case the aforesaid society has no funds to pay then employees of the said society can be seconded/deputed to the Forest Department/other departments in their present status, i.e. contract ba