IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5574/2024 Decided on: 21.11.2024 Nikku Ram & Ors. …Petitioners Versus State of H.P. & Ors.

....Respondents.

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Coram Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?

For the petitioner : Mr. Adarsh K. Sharma Advocate.

For the respondents. : Mr. Sikander Bhushan, Deputy Advocate General.

Jyotsna Rewal Dua , J Petitioners seven in number have laid challenge to the order dated 06.05.2024 passed by the respondents rejecting their representations for regularizing the break period in their service in different years ranging from 2000-2008.

2. Facts

2(i) Petitioners were engaged as daily wagers in Chamba Forest Division in different years. They continued to serve with the respondents, however, could not complete 240 days in some of the calendar years and were short by following days in following calendar years:-

1 Whether reporters of the local papers may be allowed to see the judgment? yes

2(ii) The respondents regularized the services of one similarly situated daily wager namely Sh. Varinder Singh S/o Shri Bhagat Singh after considering his medical certificates for different years and condoned the period of break in his service in different years i.e. 2000, 2005 & 2006 on the basis of said certificates. Sh.

Varinder Singh was regularized on 07.12.2009.

2(iii) Petitioners alongwith two others namely S/Sh. Palvinder and Jai Singh preferred CWP No.8746/2011 seeking work charge status/regularization on completion of 8 years of service on the analogy of case of Sh. Varinder Singh in whose favour medical certificates given by a private practitioner/doctor namely Dr. Surender Mohan Sharma were considered for the purpose of regularization and seniority. During pendency of the said petition, services of the petitioners were regularized except Sh. Jai Singh. CWP No. 8746/2011 re-registered as T.A No. 887/2015 was disposed of by erstwhile H.P. Administrative Tribunal on 04.01.2019 granting liberty to the petitioners to make representations to respondent No.2 with further direction to the said respondent to decide the same in accordance with law.

Respondents though made inter-departmental communications on the subject matter on 05.11.2020 & 19.11.2020, however, final decision was not taken. Services of the petitioners were regularized in the meanwhile.

2(iv) Petitioners preferred Nikku Ram & Ors. Vs. State of H.P. & Ors., [2CWP No. 3308/2023 decided on 31.05.2023] seeking modification in their regularization orders by treating them at par with Sh. Varinder Singh. The writ petition was disposed of on 31.05.2023 with direction to the petitioners to make representations to respondent No.2 within two weeks and respondent No.2 (therein) was to decide the same within six weeks. Petitioners’ representations have now been rejected by the respondents vide order dated 06.05.2024. Feeling aggrieved, they have preferred this writ petition.

3. The petitioners have prayed for condoning the break in their services in different years on the basis of medical certificates produced by them before the respondents at the relevant time. These medical certificates have been issued by a private practitioner/doctor namely Sh. Surender Mohan Sharma. Petitioners have made this prayer on the analogy of similar prayer having been considered and granted by the respondents in a similar case of one Sh. Varinder Singh, where the respond