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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Bhago Devi – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. 12 years water guard service entitles pump attendant contract from 2019. (Para 1 , 2 , 3 , 4) |
| 2. lack of qualification justifies notional benefits without arrears. (Para 5 , 6) |
| 3. counterparts received retrospective benefits and full arrears. (Para 7) |
| 4. jagdish kumar precedent mandates induction ignoring educational qualification. (Para 8) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Bhago Devi, presently a Pump Attendant, in Jal Shakti Vibhag of the Respondents State, has come up before this Court, seeking the following reliefs :-
“(i) That the respondents may kindly be directed to bring the service of the petitioner on contractual establishment against the post of pump attendant immediately on completion of 12 years services as Water Guard w.e.f 01.01.2019 instead of 23.09.2022 and further the respondents may kindly be directed to give regularization to the petitioner immediately after completion of 3 years of contractual services i.e. w.e.f. 01.01.2022 instead of 23.12.2022 in the time scale of pay from due date along with all consequential benefits, including seniority, arrears and monetary benefits, in the interest of justice and fair play.
(ii) That the respondents ma
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....
The judgment established that the minimum educational qualification prescribed for direct recruits may not be applicable to employees being inducted from a different category, and the denial of appoi....
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....
Daily wagers' redesignation as Pump Operator Helpers prospective post-training per policy; ineligible for promotion lacking ITI certificate, feeder status, service; work charged status consideration ....
Daily wagers granted work charge status after 8 years service entitled only to notional pay fixation benefits prospectively, without past arrears; such arrears to others deemed excess and recoverable....
Daily wagers entitled to work-charged status after 8 years continuous service from due date with notional pay fixation benefits only, no past arrears, despite subsequent regularization or establishme....
Wrongly denied appointment due to illegal selection of ineligible candidate entitles eligible petitioner to notional seniority from illegal appointment date for regularization, without back monetary ....
Employment and Service matter - Regularization of service - Absence of any strong justification assigned by respondents, for not regularizing service of petitioner, case of petitioner also needs cons....
Daily wagers eligible under regularization policy entitled to parity with others despite delays from interim stays in separate cases; notional benefits from parity date, actual monetary from petition....
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