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 years pre-filing; contrary executive orders invalid and discriminatory.

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 may kindly be directed to grant relaxation in educational qualification to the petitioner as has been done in the case of other similarly situated persons.”

FACTUAL MATRIX:

2. Case as set up by Learned Counsel is that petitioner was appointed as Water Guard on Part Time basis in Gram Panchayat, Amralu Gummu, Development Block, Mandi in December 2006 and though the nomenclature was part time, but the petitioner in fact, worked as whole time with Gram Panchayat and has rendered continuous service with minimum of 240 days service there. It is averred that on 17.07.2019, the State Government took a decision that Water Guards working under Assured Rural Water Supply Scheme (ARWSP), now National Rural Drinking Programme (NRDWP) were to be appointed /deployed against vacant posts of Pump Attendants in accordance with the Recruitment and Promotion Rules, on contract basis, in I&PH (now Jal Shakti Vibhag) of the State. It is averred that pursuant to decision dated 17.07.2019, the Engineer-in-Chief (JSV) issued a communication on 19.06.2020, for converting 1376 posts of various categories in the respondent department, as Pump Attendants [Class-IV], so as to fill these posts from Water Guards [Jal Rakshaks] on completion of 12 years’ service as on 31.12.2018 on contract basis.

2(i). It is averred that on completion of 12 years of continuous service as Water Guard as on 31.12.2018 in respective Gram Panchayats, though Respondents-State Authorities were bound to consider their cases for induction/bringing them on contract but against this inaction, some of water guards filed CWP No. 3047 of 2020, Jagdish Kumar and others vs State of Himachal Pradesh and others which was decided on 23.06.2021 [Annexure P-1], directing the Respondents to consider their cases for initially bring them on Government contract on completion of 12 years’ service and thereafter to consider them for regularization as Pump Attendant with seniority and monetary benefits from retrospective due date(s) with all arrears.

The grievance is that the petitioner had rendered 12 years of continuous service as Water Guard from 01.01.2007 to 31.12.2018 [Annexure R-3] and being eligible though the petitioner was entitled to be considered for grant of contractual status as Pump Attendant w.e.f 01.01.2019 but this benefit was given to her belatedly on 23.09.2022 [Annexure P-5/R-IV] and after antedating the contractual status of the petitioner w.e.f. 01.01.2019, she was entitled to be considered for regularization as Pump Attendant from 01.01.2022 i.e. date of completion of 3 years of contractual service in terms of applicable policy, instead of regularizing her belatedly w.e.f. 23.12.2022. In this backdrop, it is averred that the denial of consideration for grant of contractual status and for resultant regula