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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Tarsem Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
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| 1. acceptance of daily wage appointment invokes acquiescence doctrine. (Para 5) |
JUDGMENT :
Ranjan Sharma, J.
Petitioners, Tarsem Singh and 29 others had instituted an Original Application No. 1983 of 2019, which stood transferred to the State Administrative Tribunal and upon its abolition the same stands transferred to this Court as CWPOA No. 6532 of 2019 seeking the following reliefs:-
(i) that the impugned Annexure A-4, dated 16.01.2019, whereby Respondent No.2 has rejected the representation made by the Applicants may kindly be quashed and set-aside.
(ii). That the Respondents may kindly be directed to treat applicants as regular appointees from the date of their initial appointment i.e. w.e.f. year 1999 alongwith all consequential benefits including seniority and arrears of pay and allowances alongwith due and admissible interest, in the interest of justice.
FACTUAL MATRIX:
2. Grievance as set up is that the petitioners being eligible for Class-IV posts in the respondent- department were sponsored by the Employment Exchanges of the State for recruitment as Class-IV employees against sanctioned posts and pursuant to initiation of selection process they participated in t
Belated claims for retrospective regularization from daily wage appointment date barred by acquiescence in accepting it, prolonged delay, laches after prospective regularization acceptance; stale cla....
No right to change compassionate appointment from daily wage Class-IV to Class-III post after policy-compliant acceptance; barred by unchallenged policy, lack of parity with regular employee dependen....
The court ruled that arbitrary rejection of absorption applications based on age and literacy violates constitutional rights, mandating equal treatment for similarly situated employees.
Employees appointed on compassionate grounds must receive regular pay-scale benefits from their initial appointment date, despite delays in filing petitions.
The court established that similarly situated employees are entitled to the same benefits as previously determined in comparable cases, ensuring equity in compassionate appointments and rectifying pa....
Delay and laches bar service claims, particularly where acquiescence and potential impact on third-party rights are involved.
The court upheld that employees appointed on compassionate grounds are entitled to be treated as regular employees from their appointment date, ensuring equal pay and benefits as dictated by establis....
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
The court affirmed the right of petitioners, appointed on compassionate grounds, to be considered for regular pay-scale from their initial appointment date, with restrictions on arrears limited to th....
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