By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-

“(1) That the respondent may kindly be directed to regularize the services of the petitioner from January, 2020, wherein the petitioner completed 5 years Daily Waged services as per policy (Vide Annexure P-5) and for releasing all the consequential benefits including seniority and the entire arrears along with interest w.e.f. January, 2020 in the interest of justice and fair play.

(II) That the letters/ Communication dated 13.04.2021 & 30.05.2023 passed by the respondent No.3 may kindly be quashed and set-aside in the interest of justice and fair play.”

2. The petitioner was engaged as a Part Time Helper in the Office of respondent No.3 on 22.11.2005. With effect from 09.01.2015, the respondent No.3 converted the services of the petitioner to daily wage Class-IV, in Zila Bachat Vikas Samiti, Bilaspur. Her grievance is that since then, she is serving as such but her services have not been regularized. The stand of the respondents is that the petitioner is a Part Time Daily Wage Worker, engaged in Zila Bachat Vikas Samiti, Bilaspur, which is not a Government Department and, therefore, she is not entitled for regularization in terms of the Policies circulated by the State Government from time to time relating to regularization of the Daily Wage Workers.

3. Learned Counsel for the petitioner submitted that the act of the respondents of not regularizing the services of the petitioner in terms of the Policies of the State Government on the ground that she happens to be an employee of respondent No.3 is not sustainable in the eyes of law, As per his respondent No.3 is a Government Society. He stated that in terms of Annexure P-10, dated 01.11.2010, Principal Secretary (Finance), to the Government of Himachal Pradesh circulated Guidelines on creation of Departmental Societies, man power issues/ financial issues, local issues of different Departments which mention that whenever new Societies were to be constituted, concerned Department should ensure that their Memorandum of Association/Articles of Association allow Societies to hire/ recruit new staff, even on temporary/ daily wage basis, with the approval of the Government. He stated that the engagement of the staff by the Societies is only after the approval of the Government.

4. Learned Counsel further submitted that in terms of said Circular, even for existing Societies, instructions were to modify the Memorandum of Association/ Articles of Association accordingly.

5. He further submitted that otherwise also, the Zila Bachat Vikas Samiti, Bilaspur is a Government owned Society. Deputy Commissioner happens to be the Chairman of the said Society. He further submitted that the factum of the permanency of the job which the petitioner is doing, is evident from the fact that the petitioner was initially engaged on part time basis in 2005 and her services were converted to daily wage basis on 09.01.2015 and the petitioner is continuing to serve as such for more than two decades. Accordingly, learned Counsel submitted that the respondents be directed to regularize the services of the petitioner after completion of five years of service on daily wage basis as per State Society.

6. On the other hand, learned Additional Advocate General, who incidently is also representing respondent No.3, submitted that the petitioner is not entitled for the relief being prayed for, for the reason that she is not serving on daily wage basis with any of the Department of the Government. He also submitted that the petitioner was engaged by the Zila Bachat Vikas Samiti, Bilaspur and, therefore, her prayer for regularization cannot be considered. No other point was urged.

7. I have heard learned Counsel for the parties and have also carefully gone through the pleadings and documents appended therewith.

8. The petitioner is claiming regularization against a Class-IV post on the ground that she fulfills the criteria which h