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; no discrimination with similar categories.

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 daily wage service in terms of Policy dated 05.05.2020, whereby Government itself decided to convert the part-time service of an employee to daily wage service.

3. Though in reply, respondents have fairly admitted factum with regard to employment of the petitioner on part-time basis as Jal Rakshak, but his prayer for conversion of his service from part-time basis to daily wager has been refuted on the ground that he is not an employee of the Jal Shakti Vibhag, rather he has been working on the instructions issued by Gram Panchayat Mangal. It is further averred in the reply that petitioner’s appointment, if any, to the post of Jal Rakshak on part-time basis is pursuant to Memorandum of Understanding arrived inter se Gram Panchayat Mangal and Jal Shakti Vibhag, whereby number of persons came to be deployed to supervise the distribution/supply of water to number of villages falling under the jurisdiction of Gram Panchayat Mangal. There is no dispute that honorarium, which has now been enhanced to Rs.5600/- per month, is being paid by Jal Shakti Vibhag. It is also not in dispute that all part-time workers of Gram Panchayats, Panchayat Samitis and Zila Parishads have been granted benefit in terms of Notification/Policy of converting services of part-time workers to daily wagers as well as regularisation. As per Section 135 of Panchayati Raj Act, Gram Panchayat is empowered to appoint part-time Chowkidars, but they also appoint Jal Rakshak, Technical Assistant and Panchayat Sahayaks with the prior approval of the competent authority. Though appointments qua the post in question, as detailed hereinabove, are given by Gram Panchayats, but admittedly major share of salary/wages of employees is paid by the Government.

4. Though Mr. Rajan Kahol, learned Additional Advocate General, while referring to the reply filed by respondents, attempted to argue that Recruitment and Promotion Rules to the post of Pump Attendant, Class-IV (Non-Gazetted) in the Department of Irrigation and Public Health Department, Himachal Pradesh, clearly provide that posts of Pump Attendant (Class-IV) shall be filled up from amongst Beldars, who possess five years experience of working with pump motors and electrical accessories strictly on the basis of seniority/induction from Water Guards after completion of 12 years of service with 3 years experience of working with pump, motor and electrical accessories, however, this Court sees no reason to go into the aforesaid aspect of the matter, because in the case at hand because petitioner is not seeking promotion to the post of Pump Attendant, rather his precise case is that after having completed eight years service on part-time basis, his services ought to have been converted into daily wage services, as has been done in the cases of number o