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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Sahi Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. claim for regularization w.e.f. 01.01.2003 counting 1995 service. (Para 1 , 2) |
| 2. dispute over 204 vs 240 days; abandonment and delay alleged. (Para 3 , 4) |
| 3. writ court avoids seriously disputed factual issues. (Para 5 , 6) |
| 4. acquiescence and delay bar retrospective regularization claim. (Para 7) |
| 5. new rejoinder pleas impermissible; prior claims relinquished. (Para 8 , 9 , 10) |
| 6. old pension granted upon contribution deposit; petition dismissed. (Para 11) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Sahi Ram, a retired Class-IV [Beldar], has come up before this Court, seeking the following reliefs:
(i). That the directions may kindly be issued to the respondents to give the regular status to the applicant w.e.f. 01.01.2003 instead of 01.01.2004 with all consequential benefits, within time bound manner, whereby modifying the Office Order dated 25.10.2025, Annexure A-2.
(ii). That the respondents may kindly be directed to consider the case of the applicant for granting him pension and other pensionary benefits after considering him regular employee w.e.f. 01.01.2003 instead of 01.01.2004, within time bound manner.”
FACTUAL MATRIX:
2. Grievance of the petitioner is that he was i
Writ courts refrain from adjudicating seriously disputed facts on continuous service days for daily wagers' regularization; relegate to Labour Court. Delay, laches, acquiescence bar relief after long....
Daily wagers ineligible for retrospective work charge status or regularization without 240 days continuous service yearly over 8/10 years; fictional breaks plea inadmissible in writ if new in rejoind....
Writ court cannot adjudicate disputed service breaks requiring evidence; claimant must pursue industrial dispute remedy; 15-year delay, laches, acquiescence bar regularization/seniority relief.
Disputed questions of fact on service breaks for regularization claims cannot be resolved in writ proceedings; must be raised as industrial dispute; delay and acquiescence after 12 years bar relief.
Disputed prior daily wage service claims require Industrial Tribunal adjudication, not writ court; post-1993 daily wagers entitled to work-charged status after 8 years continuous 240-days service wit....
Pension on premature/voluntary retirement requires 20 years qualifying service per amended rules; shorter service ineligible unless government relaxes for undue hardship or grants weightage for prior....
Regularization of daily wagers cannot be denied on grounds of artificial breaks in service, as prior rulings establish entitlements based on completed service duration, irrespective of work charge es....
Daily wagers entitled to work charge status after 8 years continuous service with notional pay fixation, annual increments prospectively sans arrears; such service counts for pensionary benefits.
Daily wagers entitled to condonation of fictional breaks for 240 days continuous service; work charge status after 8 years irrespective of establishment abolition; discriminatory denial quashed, gran....
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