Court upheld appointment on a contractual basis as valid under R&P Regulations, citing petitioners' acceptance and principles of delay and acquiescence.

JUDGMENT :

Jyotsna Rewal Dua, J.

CMP No.26477/2025
The respondent/applicant seeks to place on record office letter dated 21.06.2012 alongwith document appended therewith. Learned counsel for the petitioners/non-applicants pleads no objection.
In view of above, the present application is allowed. Document is taken on record. The application stands disposed of.

CWP No. 644/2024
The petitioners are presently serving as Computer Operators (contract) in the respondent- State Electricity Board Limited. With the grievance that they were wrongly appointed on contract basis; are to be deemed to have been appointed on regular basis from day one of their initial appointment, this writ petition has been filed for grant of following substantive reliefs:-

“(i) That the impugned notification/office order dated 22.06.2012 (Annexure P-1) whereby the petitioners were entitled for regular job from day one has not been given and instead they have been given Contract appointment. The petitioners were given regular employment from day one.
(ii) That since the petitioners of 2014 Batch have been selected through Subordinate Commission in accordance with the R&P Rule, 2014 of Computer Operator, their contract service be counted for promotion as well as Seniority as has been decided by this Hon’ble High Court DB in CWP No. 6183 of 2022 decided on 07 December, 2022 in Sushant Singh Negi & others versus Himachal Pradesh State Industrial Development Corporation Ltd and Others. Copy of judgment dated 07.12.2022 in CWP No. 6183 of 2022 and CWP No. 2004 of 2017 a/w CWP No. 629 of 2018 decided on 03.08.2023 titled as Taj Mohammad and others versus State of H.P & Others.
(iii) That since the selection process of petitioners is according to the R&P Rules, 2012 of Computer Operator and they have been selected to a cadre post, hence, the respondent be directed to make R & P rules for promotion commensuration with their initial scale qua other cadre post.”

During hearing of the case, learned counsel for the petitioners submitted that this writ petition be treated to have been filed only qua reliefs No. (i) & (ii) above and petitioners be permitted to seek appropriate remedy for the redressal of relief No.(iii). The prayer is not opposed by learned counsel for the respondent. Accordingly, this writ petition has been heard confined to reliefs No. (i) & (ii). The petitioners shall be at liberty to seek appropriate remedy qua relief No. (iii).
Heard learned counsel for the parties and considered the case file.

2. The Case
Following facts are not in dispute:-
2(i) On 15.06.2012, respondent-State Electricity Board Ltd. notified Recruitment and Promotion (R&P), Regulations for the post of Computer Operator. The notification was issued in exercise of powers under the Electricity Act, 2003 and other enabling provisions. As per R&P Regulations, cadre of Computer Operator consisted of 100 posts classified as Class-III (Non-Gazetted) (Technical Service). The R & P, Regulations also provided Pay Scale for regular incumbents Rs.10900-34800+3550 Grade Pay. The emoluments for contract employees were Rs.14450/-. Further as per R&P, Regulations, posts of Computer Operators could be filled in either through direct recruitment or on contract basis as under:-

“15. Selection for appointment to the post by recruitment on a regular basis.:
Selection for appointment (Regular) to the post in the case of direct recruitment on regular basis shall be made on the basis of viva-voce test if the Board or other recruiting authority to be authorized/nominated by the Board as the case may be, so consider necessary or expedient by a written test or practical test, the standard/syllabus, etc. of which, will be determined by the Board or by the recruiting authority as the case may be.
15.A. Selection for direct appointment to the post on Contract basis. 
Col. No.15-A.
(a) Selection on contract basis shall be made either by the concerned recruiting agency i.e. the HPSSSB or Departmental Selection Committee as the case m