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2026 Supreme(HP) 512
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, Romesh Verma, JJ.
Yug Raj Thakur and Ors. - Petitioners
Versus
Satluj Jal Vidyut Nigam Limited and Ors. - Respondents
CWP No. 11021 of 2024
Decided On : 09-01-2026
Important Points
Subject
Service Law - Regularization and Promotion
Act Referred
Headnote
(B) No inhibition on regular employees applying/resigning for fixed tenure posts; their non-application and failure to qualify in subsequent regular executive trainee recruitment (despite eligibility) undermines merit claim over fixed tenure appointees - Promotional avenues not adversely affected; posts reserved - Grievance held personal, petitioners having commended policy earlier and assenting to supervisory level regularizations. Principles on temporary appointees giving way to regulars or no wholesale absorption inapplicable. (Paras 8, 31, 33-37, 41)
Facts of the case:
Regular supervisors (appointed via direct recruitment as junior engineers/officers, degree holders, eligible for executive promotion after 8-10 years per policy) challenged circulars directing regularization of fixed tenure appointees (selected via advertisements at E0/E2 levels post rigorous process) at executive E2 level, claiming violation of fixed tenure scheme (temporary, no permanency claim) and prejudice to their seniority/promotions. Company informed 127 vacancies in E2-E4, 106 FTAs for regularization, fresh appointments, 8 posts reserved for petitioners.
Findings of Court:
Regularization policy valid; no interference warranted as petitioners' claim personal, merit not established (failed regular process), promotions premature/protected.
Issues: Whether regularization policy contrary to fixed tenure scheme prohibiting claims; whether affects regular supervisors' promotions violating equality; locus to challenge despite non-application.
Ratio Decidendi: Employer sole judge of regularization zone/parameters for efficiency; scheme modifiable for company needs; fixed tenure not backdoor if process rigorous; personal grievance by non-applicants failing later regular selection unsustainable; no vested right to promotion timing.
Result: Writ petition dismissed. Pending applications disposed of. (Para 42)
For the Petitioner:Mr. Neeraj Gupta, Senior Advocate, with Mr. Shubham Sood, Advocate.
For the Respondent:Mr. Anup Rattan, Senior Advocate, with Mr. Anil Kumar, Advocate, Mr. Shrawan Dogra, Senior Advocate, with Mr. Sunny Rawat, Advocate, Mr. K.D. Shreedhar, Senior Advocate, with Ms. Sneh Bhimta, Advocate,
| Table of Content |
|---|
| 1. regular supervisors aggrieved by higher-level fta regularization (Para 2 , 3 , 4) |
| 2. supervisor promotion to executives after 8-10 years; vacancies reserved (Para 5 , 6 , 7 , 8) |
| 3. fta scheme permits cmd modification for company needs (Para 9 , 11 , 12 , 13 , 14) |
| 4. regularization breaches fta no-claim clause and equality (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. employer discretion to regularize experienced ftas via clause 16 (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. regularization lawful; petitioners' claims premature, petition dismissed (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
JUDGMENT :
Vivek Singh Thakur, J.
Petitioners, working under Supervisor Category with respondent No. 1-Satluj Jal Vidyut Nigam Limited (in short ‘SJVNL’), have approached this Court, invoking jurisdiction under Article 226 of Constitution of India, being aggrieved by issuance of Corporate HR Circular No. 882/2023, dated 29.08.2023 (Annexure P-6) and Corporate HR Circular No. 912/2024, dated 21.05.2024 (Annexure P-7), directing permanent absorption/regularization of Fixed Tenure Appointees (FTA’s) at a higher level than the petitioners, claiming it to be contrary to statute and Fixed Term Appointment Scheme (FTA Scheme) (Annexure P-5), as well as recruitment advertisement for engagement of FTA’s, i.e., Advertisement No. 95 of 2021 and Advertisement No. 105 of 2022 [Annexure P-4 (Colly)], issued by the SJVNL. Substantial relief prayed by the petitioners, reads as under:-
“A. That a writ of Certiorari or any other appropriate writ order or direction may kindly be issued for quashing and setting aside Corporate HR Circular dated 29.08.2023, contained in Annexure P-6 and Corporate HR Circular dated 21.05.2024, contained in Annexure P-7 and all further and consequential actions/office orders issued in furtherance of Annexures P-6 and P-7, including the office order dated 10.09.2024 contained in Annexure P-8.”
2. Facts emerged from pleadings of the parties and documents filed therewith, including petition, applications, replies to petition and
applications and rejoinder thereto, are that respondent No. 1-SJVNL is a joint venture of Government of India and Government of Himachal Pradesh, which has laid Horizontal and Vertical Growth and Diversification plans and is developing itself into a fully diversified transnational power company in all types of conventional and non- conventional forms of energy and in Power Transmission and for functioning of the company, recruitment in SJVNL, are made on four levels, namely Unskilled Workmen (W1 to W2), Skilled Workman (W3 to W6), Supervisors (S0 to S4) and Executives (E1 to E8).
3. Petitioners are serving as Supervisors in S1 and S2 stage. They were engaged in the SJVNL, following the procedure prescribed in Direct Recruitment Procedure Manual, formulated and adopted by the SJVNL. Petitioner No. 1 was appointed as Junior Engineer on 27.02.2019, whereas petitioners No. 2 to 7 were appointed on 10.01.2019, whereas petitioner No. 8 was appointed on 28.03.2007 under Workmen Skilled Category and she has reached in the supervised category, among other petitioners. Petitioners No. 1 to 7 were appointed vide advertisement No. 83/2018 (Annexure P-1), dated 30.07.2018 as Junior Engineers and Junior Officers. Petitioners No. 1 to 7 are working as supervisors S2 level and petitioner No. 8 is working as supervisor S1 level. Petitioners are degree holders in their respective fields and some of them possess higher qualification of MBA and they are eligible to be considered for promotion and/or appointment in Executive Category of the employees of SJVNL. All of them were appointed after undergoing prescribed recruitment process, as per rules for regular appointment.
4. Respondent Nos. 2 to 99 are Fixed Tenure Appointees (FTA’s) appointed , vide Advertisement No. 105 of 2022 [Annexure P-4 (Colly)]. Respondent Nos. 100 to 134 are amongst the Fixed Appointees, appointed in pursuance to Advertise
