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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Ashok Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. Through instant petition, challenge has been laid to order dated 04.07.2022 passed by Commissioner Temple Chintpurni-cum-Deputy Commissioner, Una, District Una, Himachal Pradesh, whereby representation having been filed by the petitioners for regularization, in terms of order dated 06.05.2022 passed by Division Bench of this Court in Review Petition No. 137 of 2021, titled as Ashok Kumar & Ors. Vs. State of Himachal Pradesh & Ors. came to be rejected.
2. Precisely, the facts of the case, as emerge from the pleadings adduced on record by the petitioners are that petitioners have been serving in Mata Chintpurni Temple as Langar Sevadars, Mandir Sevadars and Electricians for the last 15 to 16 years, but yet their request for regularization was not considered on one pretext or the other. Though representations made by the petitioners were forwarded to office of Commissioner (Temple), Chintpurni by the Temple Officer, but since no action was taken upon the same, petitioners filed CWP No.3925 of 2019, which was dismissed, vide judgment dated 22.09.2021 (Annexure P-3) on the premise that services of a Sevadar are gratuitous in nature. Though petitioners file
Regularization of employment requires clear evidence of employer-employee relationships, adherence to constitutional provisions, and formal appointment processes.
The main legal point established in the judgment is the court's authority to direct the regularization of the petitioner's service based on qualifications, recommendations, and previous rulings, desp....
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
Temporary, contractual, casual or daily wage employees do not have a legal right to be made permanent, unless they have been appointed in terms of relevant Rules or in adherence to Article 14 & 16 of....
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