IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.6155 of 2024

Date of Decision: 15.12.2025

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Surinder Kumar ……...Petitioner

Versus

State of Himachal Pradesh & Ors.

…....Respondents

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?

For the Petitioner: Mrr. Sanjeev Bhushan, Senior Advocate with

Mr. Sparsh Bhushan, Advocate.

For the respondents: Mr. Rajan Kahol & Mr. Vishal Panwar,

Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy

C Advocates General, for the respondents-

State.

___________________________________________________________________________

Sandeep Sharma, J. (Oral)

Petitioner herein, who at present is working as Mali at

iWRS Government Degree College, Dehri, Tehsil Fatehpur, District

Kangra, Himachal Pradesh, is aggrieved by order dated 04.09.2015 (Annexure P-6), whereby representation having been filed by him, in terms of judgment dated 24.03.2015 passed by Coordinate Bench of this Court in CWP No.5419 of 2012, titled as Surinder Kumar Vs. State of H.P and others, praying therein for his regularization, came

to be rejected.

2. Precisely, the facts of the case, as emerge from the pleadings adduced on record by the respective parties are that in the month of February, 2003, petitioner participated in the selection process for the post of Mali at respondent No.3/College. Petitioner herein, being more meritorious, was given appointment to the post of Mali. Since his initial date of appointment, petitioner has been continuously discharging duties as Mali. While petitioner herein had been working as Mali, respontdents-State formulated various policies, thereby providing for the regularization of the daily wage employees after completion of requisite number of years. Since despite petitioner’s having served the Government College for more than twelve years, his services were not regularized, he approached this Court by way of CWP No.5419 of 2012, titled as Surinder Kumar Vs. State of H.P and others, which came to be disposed of, vide judgment dated 24.03.2015, with a direction to the respondents to consider the case of the petitioner in light of the averments contained in the writ petition, read with Rules occupying the field.

3. Vide order dated 04.09.2015 (Annexure P-6), though respondents considered the case of the petitioner, but rejected the same on the ground that he was not appointed by the department, rather by the Parent Teacher Association and his salary was being paid from the funds collected by the PTA. Though after passing of afore order, petitioner kept on making requests to the respondents to regularize his services, but in vain, as such, he approached this Court in the instant proceedings, praying therein for the following main reliefs:-

“a. That an appropriate writ, order or directions may kindly be issued and the respondents mayf kindly be directed to regularize the services of the petitioner oon completion of 08 years of service as per Policy of the State Government by granting all the consequential benefits of pay, arrears a nd seniority etc. etc.

b. That an appropriate writ, order or directions may kindly be issued and the impugned order Annexure P-6 dated 4^th September, 2015 may kindly be quashed and set aside as the reasoning given is not tenable in the eyes of law with further directions to regularize the services of the petitioner on completion of 08 years of service, with all Cthe consequential benefits of pay, arrears and seniority etc. etc.”

4. Admittedly, in the case at hand, petitioner was initially appointed as Mali at WRS Government Degree College, Dehri, Tehsil Fatehpur, District Kangra, Himachal Pradesh, pursuant to appointment order passed by the Principal of the College. It is also not in dispute that since the first day of his initial appointment i.e. 28.02.2003, petitioner has been working continuously. It is also not in dispute that after 2003, respondents-State formulated variou