IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWPOA No. 5736 of 2020 Reserved on: November 22, 2023 Decided on: November 28, 2023 ________________________________________________________

Kasang Chhomo ………... Petitioner Versus State of Himachal Pradesh and others Respondents ________________________________________________________

Coram:

Hon'ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹ Yes.

For the Petitioner : M r. Jai Dev Thakur, Advocate.

For the respondents : Mr. Rajesh Mandhotra, Additional Advocate General.

_________________u_______________________________________

Sandeep Sharma, Judge:

Petitioner, namely Kasang Chhomo, who hails from a tribal area of DistCrict Lahul and Spiti, was initially engaged as a Beldar on daily wage basis in the office of respondent No.3 with effect from 1.4.2013. Though the petitioner named herein above, continuously worked in the respondent Department without there being any break but since, on papers, she was shown to have worked for less than 180 days in each calendar year during the years 2013-15, she approached the respondent Department to condone the artificial breaks given to her during the year 2013-15, but in vain. It is pertinent to note here that for tribal areas, the requirement of days to be completed in each calendar year is 180 days, whereas, in non-tribal areas, it is 240 days. With effect from 2016, petitioner was shown to have worked continuously with the respondent Department for more than 180 days in each calendar year, as is evident from the man days chart (Annexure A-1).

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

In the aforesaid man days chart, the petitioner has been shown to have worked for less than 180 days in each of calendar years 2013, 2014 and 2015, as a result of which, she was not given the benefit of policy of regularization framed by the Government of Himachal P.radesh, after her having completed requisite years of daily wage service with 180 days in each calendar year.

2. Needless to say, as per policy of regularization framed by the Government of Himachal Pradesh for tribal area, daily wage worker is only required to complete 180 days in each calendar year for being eligible for regularization. Petitioner claims that though during 2013- 2015, she had worked regularly without there being any break but yet she was giveon artificial breaks by the respondent Department, to prevent her from claiming regularization in terms of policy of regularization, on the basis of 180 days having been completed by her in each calendar year. Petitioner specifically alleged that the man days chart placed on record clearly reveals that she has been shown to have worked for 176 and 177 days in 2013, 2014 and 2015, respectively and thereafter with effect from 2016 till 2018, for more than 180 days in each calendar year.

3. Having taken note of judgment rendered by Apex court in Mohd. Abdul Kadir and another v. Director General of Police, Assam and others, (2009) 6 SCC 611 and in Ravi Kumar v. State of Himachal Pradesh, CWP No. 4489 of 2009, decided on 14.12.2009, petitioner requested the respondent Department to condone the artificial breaks given to her during the years 2013-2015, so that she is granted benefit of regularization from the date she had completed requisite years of daily wage service, for regularization. However, such prayer of hers was never acceded to, as such, she was compelled to approach erstwhile Himachal Pradesh Administrative Tribunal by way of OA No. 7375 of 2018, which now on account of abolishment .of Himachal Pradesh Administrative Tribunal came to be transferred to this Court and re-registered as CWPOA No. 5736 of 2020, praying therein for the following main reliefs:

“(i) That the respondents may kindly be directed to condone the breaks which the respondents have effected themselves during the year 2013 to 2015 for the purpose of continuity in service and sen