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.

JUDGMENT :
Ranjan Sharma, Judge

Petitioner, Baldev Singh, initially filed Original Application No.6448 of 2017 before the State Administrative Tribunal and upon abolition of Tribunal, the matter stood transferred to this Court, as CWPOA No.3316 of 2020, seeking the following reliefs :-

“(i). That the respondents be directed to regularize the service of the applicant after 8 years service w.e.f. 01.01.2003 with all consequential benefits i.e. arrear of pay, seniority and pension etc.

(ii). The respondents be directed to grant interest @ 12% per annum from due dates from all monetary benefits to which the applicant is entitled.”

FACTUAL MATRIX:

2. Grievance of the petitioner is that he was appointed as daily wage Supervisor in Development Block Paragpur, District Kangra, on 01.01.1995 and his services were regularized on 22.09.2007 [Annexure P-2] where he joined on 11.10.2007.

2(i). By way of instant petition, the petitioner has prayed for granting him the regularization or work charge status from the date of completion of 8 years of continuous service w.e.f. 01.01.2003, in terms of the judgment passed by this Court in Rakesh Kumar versus State of Himachal Pradesh and others , CWP No.2735 of 2010, decided on 28.07.2010. It is averred that the benefit of work charge status from the date of completion of 8 years of service has been given to one Sh. Kuldeep Kumar, as per [Annexure A-6] and to Santosh Kumar [as mention in Paras 6 and 7 of the petition].

2(ii). In this background, a prayer is made for granting regularization/work charge status [though stated to be a claim for regularization in prayer clause inPara 7(i)] with the prayer for releasing all consequential benefits like pay fixation, seniority, pension etc along with interest.

STAND OF STATE AUTHORITIES IN REPLY- AFFIDAVIT:

3. Pursuant to issuance of notice on 21.12.2017, the State Authorities have filed Reply-Affidavit dated 31.08.2018, of Joint Secretary (RD) to the Government of Himachal Pradesh.

3(i). Reply-Affidavit admits that the petitioner was initially appointed on daily wage Supervisor in Development Block Paragpur on 01.01.1995 and he had completed 8 years of service as on 01.01.2003 but, since no regularization policy was issued from May, 2002 to 09.06.2006, therefore, the petitioner was regularized after issuance of policy dated 09.06.2006 by the respondents w.e.f. 22.09.2007 prospectively. In Para 6 of the Reply-Affidavit, respondents have stated that the Rural Development Department does not have a work charge establishment and, therefore, the petitioner could not be granted the work charge status by relying upon Para 7 of the judgment in the case of Rakesh Kumar (supra) which stated thatwork charge status is not to be given after establishment ceases to be work charge establishment.

3(ii). So far as the claim of the petitioner for parity with Santosh Kumar is concerned, Reply-Affidavit stated that the aforesaid Santosh Kumar had filed a writ petition and pursuant to the setting aside of his termination, the benefit of regularization from the due date was given to him. Reply-Affidavit further states that the petitioner was regularized after issuance of policy dated 09.06.2006 prospectively, in terms of the conditions in the policy. In this background, prayer was made for dismissing the writ petition.

REBUTTAL-REJOINDER BY THE PETITIONER:

4. Petitioner has filed a rejoinder, reiterating the averments in the writ petition and has claimed work charge status from the date of completion of8 years of continuous service, with all consequential benefits.

STATEMENT MADE BY LEARNED COUNSEL:

5. During the pendency of the writ petition, Learned Counsel for the Petitioner states that the Director Rural Development Department has issuedan office order on 23.01.2021 [Taken on Record] whereby, petitioner-Baldev Singh has been granted the work charge status from the date of completion of 8 years of daily wage service w.e.f. 31.01.2003 [Statement Taken on Record].

5(i). Pursuant to issuance o