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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Prem Lal – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. part-time workers convertible to daily wage after 8 years. (Para 1 , 2 , 5) |
| 2. gram panchayats appoint jal rakshaks with department oversight. (Para 3 , 6) |
| 3. state funding integrates panchayat workers into government service. (Para 4 , 7 , 8) |
| 4. panchayat teachers, assistants granted regularization despite appointment source. (Para 9 , 10) |
| 5. uniform conversion policy for all state-funded panchayat staff. (Para 11) |
| 6. court orders service conversion with protected seniority. (Para 12) |
JUDGMENT :
Sandeep Sharma, J.
Petitioner herein, who has been working as Jal Rakshak on part-time basis since 01.05.2012, is aggrieved of inaction on the part of respondents to convert his part-time service into daily wage service on completion of eight years of service on part-time basis, in terms of Policy dated 05.05.2020.
2. Pleadings adduced on record by the respective parties though clearly suggest that petitioner herein, who was given appointment as Jal Rakshak on part-time basis by Gram Panchayat concerned, has been working regularly without there being any interruption for more than 13 years, but yet no steps have been taken by the respondents to convert his part-time service into
Part-time workers appointed by Gram Panchayats for government department schemes, funded by state grants with prior approval, entitled to conversion to daily wage after eight years continuous service....
Regularization of employment should adhere to specific government policies, with part-time employees not entitled to claim rights reserved for full-time roles.
Part-time employees cannot claim regularization or equal pay unless appointed against sanctioned posts, as per established legal precedents.
Part-time employees cannot claim regularization or parity in salary with regular employees without a sanctioned post, regardless of the length of service.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
12 years service workers entitled to contractual Class-IV status w.e.f. eligibility without educational qualifications (service as experience); regularization after 3 years; arrears limited to 3 year....
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