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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Vijay Singh – Appellant
Versus
Himachal Road Transport Corporation – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
According to the petitioners, it was due to inaction on part of respondent-Corporation that they were not given appointment as Conductors (contract) from the waiting panel alongwith other incumbents at the relevant time. It was only after a writ petition preferred by them was allowed that the respondent- Corporation offered appointment to the petitioners. The petitioners now seek regularization from the date the other similarly situated incumbents were regularized. In essence, the petitioners have prayed for giving them deemed contractual appointment from the date given to the other similarly situated incumbents and consequent regularization of their service at par with these counterparts.
2. The Case
Following facts are not in dispute:-
2(i) On 28.12.2019, an advertisement was issued by the erstwhile H.P. Staff Selection Commission (HPSSC) inviting applications for filling up 568 posts of Conductors in the respondent- Transport Corporation with post code-762. The last date for submission of application form was 31.01.2020.
2(ii) Petitioners alongwith others applied for the post of Conductors and participated in the selection process. The selection proces
Waiting panel candidates have a right to appointment when posts are unfilled due to inaction of the employer, reinforcing equal treatment under the law.
Contractual employees appointed before service regulations permitted such mode entitled to deemed regularization after one year with retrospective consequential benefits on parity, arrears limited to....
Contractual employees may not claim regularization based on prolonged service or failed applications for higher posts, as employment must adhere to constitutional recruitment mandates.
The main legal point established in the judgment is that contract employees, who have worked for a significant period and possess the necessary qualifications, are entitled to seek regularization of ....
Point of law: Service Law - Contractual employment - Regularization of Service - Having applied for appointment to various posts pursuant to a notification of 2019 and being unsuccessful (except one ....
The court emphasizes that regularization of temporary employees must adhere to principles of equality and fairness, ensuring parity in treatment for similarly situated employees.
Employees selected under the same process maintain seniority regardless of appointment delays, and delays not attributable to them cannot deprive them of benefits.
Contractual employees cannot claim regularization as a matter of right; their employment is project-based and temporary, governed by specific contractual terms.
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