Contractual skilled employees with over 18 years continuous service and regular pay scale entitled to regularization despite scheme funding, as state cannot exploit long-term labour under temporary labels violating equality and non-discrimination.

JUDGMENT :

SANDEEP SHARMA, J.

1. Since common questions of law and facts are involved in all the above captioned cases, and the petitioners herein are aggrieved by their non-regularization despite having completed requisite period as provided for regularization by the Government of Himachal Pradesh, this Court clubbed all the cases together for hearing, and now same are being disposed of vide this common judgment.

2. For having bird’s eye view, facts which are common in all the cases, are that vide notification dated 14.09.2007(Annexure P- 1), the Governor, Himachal Pradesh conveyed approval to fill up 77 posts of Computer Operators in Development Blocks (one in each Block), 12 in District Rural Development Agencies (one in each DRDA) and 3 at the Rural Development Department Headquarters with the prior concurrence of the Finance Department. The aforesaid notification further laid down the procedure for inviting applications as well as criteria for selection of incumbents as Computer Operators. Pursuant to afore notification, Department of Rural Development issued advertisement dated 28.09.2007 (Annexure P-2), thereby inviting applications for the post of Computer Operators. Petitioners herein, being fully eligible, applied for the post in question and subsequently on the basis of their overall merits, were offered appointment letters (one of the appointment letter is appended as Annexure P-3) on contract basis with fixed remuneration of Rs. 6,000/- per month, and contract was interse Government and the petitioner through the respondent-Department, which was renewed from time to time.

3. Though, initially, there were no Recruitment and Promotions Rules (for short ‘R&P Rules’) for the post of Computer Operator, but subsequently, the Governor of Himachal Pradesh, in the year 2012 vide notification dated 14.02.2012, notified common R&P Rules for the post of Computer Operators, named as Himachal Pradesh Department of Personnel Computer Operator Class-III, Non- Gazetted Common Director Recruitment & Promotion Rules, 2012 (Annexure P-5), wherein vide Clause 7, minimum educational and other qualifications came to be prescribed for direct recruitment. Clause 4 of the afore Rules provided for the pay scale of Computer Operators i.e. Regular incumbents were to be paid Rs. 10300- 34800+3200 Grade pay, whereas contractual employees were held entitled remuneration to the tune of Rs. 13,500/- per month. After promulgation of afore R&P Rules, respondent-Department converted the services of the petitioners to Government contract and as such, contracts were entered into between the Government and the petitioners through respondent No.2 (Annexure P-6).

4. In the year, 2012, State Government circulated a regularization policy vide communication dated 17.08.2012, conveying the decision of the State Government to regularize the services of contractual appointees on completion of six years’ service. Petitioners herein, who were engaged between the years 2006 and 2008, though had completed six years’ service in the year 2014, but they were not given benefit of aforesaid policy of regularization. In the year 2017, respondents, with the approval of His Excellency the Governor, Himachal Pradesh, granted the regular pay scale of Rs. 10300- 34800+3200 Grade alongwith other allowances to the contractual employees. As a result thereof, petitioners herein