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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Nitin Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
Judgment :
Sandeep Sharma, J.
Since common question of facts and law are involved in the above captioned cases and petitioners therein are aggrieved of inaction on the part of the respondents to regularize them from the date they have completed two years service on contract basis, this court after having clubbed all the cases, heard them together and now with the consent of learned counsel for the parties, same are being disposed of vide common judgment.
2. Petitioners herein, who were offered appointment on contract basis on different posts i.e. Assistant Engineer, Jr. Engineer (Civil Electrical/ Mechanical Instrumentation, Draftsman, Facilitator, Surveyors, Technical Facilitator, Procumbent Officer, Programmer MA Procurement, MA Accounts, Farm Manager, Assistant Farm Manager. Office Assistant( Management/IT) either by Project Manager, Himachal Pradesh Horticulture Development Society (HPHDS) or by Director of Horticulture, on different pay scales etc., have been denied the benefit of regularization in terms of policy of regularization framed by the Government of Himachal Pradesh on the pretext that they are not employees of the respondent-State, but of Societies, as named herein ab
Long-serving daily wage employees in perennial roles entitled to work charge status on parity and legitimate expectation despite policy denial, as irregular appointments warrant regularization per eq....
The court ruled that long-standing contractual employees performing essential government functions must be regularized, rejecting arguments of irregular initial appointments, thereby enforcing princi....
Contractual employees with long continuous service in perennial roles under project societies entitled to work charge status on parity, legitimate expectation, equity despite policy bars, distinguish....
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Long-term contractual employees performing essential work are entitled to regularization despite prior undertakings barring such claims, as continuous service establishes the need for employment righ....
The court ruled that employees engaged continuously for over ten years are entitled to regularization, regardless of irregular appointment status, reaffirming precedents from the Supreme Court highli....
Contractual employees cannot claim regularization as a matter of right; their employment is project-based and temporary, governed by specific contractual terms.
The court emphasized fair treatment and equal pay, mandating regularization of long-serving employees who were arbitrarily excluded from benefits, thereby reinforcing principles of equality under Art....
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