Kundan Singh vs State Of Himachal Pradesh & Ors
2021 Latest Caselaw 1677 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.




                                                                  .
                                   CWPOA No. 4466 of 2020





                                   Decided on: 05.03.2021





    Kundan Singh                                .......Petitioner.
                             Versus
    State of Himachal Pradesh & ors.            .....Respondents.





    Coram
    Ms. Justice Jyotsna Rewal Dua, Judge.

    Whether approved for reporting?1

    For the petitioner       :     Mr.    Hamender       Singh      Chandel,
                                   Advocate.


    For the respondents      :     Mr. Anil Jaswal, Addl. AG with Mr. Amit
                                   Dhumal, Dy. AG and Mr. Manoj Bagga,
                                   Asstt. AG.




    Jyotsna Rewal Dua, Judge (Oral)

The petitioner seeks regularization of his services as

class-IV employee in terms of memo dated 2.8.2017

(Annexure A-1).

2. As per the averments made in the petition, the

petitioner was serving as Part Time Water Carrier in Government

Primary School, Ghundavi, Tehsil Shillai, District Sirmour w.e.f.

the year 2002. Annexure A-1 is a communication dated 2.8.2017

from the office of Deputy Director of Higher Education addressed

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

to the Superintending Engineer, I&PH Circle, Nahan in respect of

regularization of 41 part time water carriers (PTWC/Water

.

Carrier-cum-peon) on daily wages for the post of peon appointed

under 1996 and 2001 policy, who had rendered 14 years

continues service as PTWC/WTWC. Name of the petitioner

figures at serial No. 40 of this list.

3. Respondent No. 2, the Director of Higher Education,

submissions has submitted:-

r to Himachal Pradesh in his reply to the petition under preliminary

"In this behalf, it is submitted that State

Government vide letter dated 23.2.2017 conveyed that Part Time Water Carrier and Water Carrier-cum-Peon on daily wages basis working in Higher/Elementary Education

appointed under 1996 and 2001 policy, who have rendered 14 years continuous service as PTWC or PTWC and Water Carrier-cum-Peon on daily wage basis

(combined) till 31 March, 2016 and 30 th September, 2016 be regularized as Peon (Class-IV) against the available

vacancies of Peon (Class-IV) in Education Department, prospectively throughout the State. Subsequently State Government vide letter dated 26-4-2017 further conveyed

that matter came to the notice that available posts in the Education Department against which the regularization is to be made are less then requirement. The matter was taken up with Finance Department, which has observed that in view of need of for economy and the fact that if these persons are adjusted in other Departments Class-IV vacancies, then the demand of other Department to fill up their Class-IV posts will be met with. The Finance Department further approved that in view of availability of sufficient vacancies of Class-IV in Education Department, Department may consider adjustment of remaining posts of Daily Wages Water Carrier/Water Carrier-cum-Peon

presently on daily wages for regularization against vacancies in the other department such as Health, Animal

.

Husbandry, Agriculture, Horticulture, Technical Education

and irrigation of Public Health in their respect district by Deputy Directors and concerned Department of the district subject to completion of all codal formalities. Accordingly,

the name of the applicant including others were sent to Superintending Engineer I&PH Circle, Nahan (H.P) vide letter dated 2-8-2017 as per vacancies conveyed by said Department, but no response received till August, 2018.

Thereafter the Department of Panchayati Raj & Rural Department of H.P. desired to fill up four posts of Peon out of 15, who were matric passed vide E-mail dated 5-9-2018 and the name of applicant along with 3 other were sent to

said Department of Panchayati Raj & Rural Department.

Accordingly, applicant and others have been offered appointment on 24-11-2018 and applicant has joined his duties on 27-11-2018. As such, in view of submissions made here in above applicant has no cause of action to file

and maintain this original application and same deserves to be dismissed in the interest of justice."

4. From the stand of respondent No. 2 (extracted above), it

becomes apparent that name of the petitioner along with others

were sent to the Superintending Engineer, I&PH, Nahan vide

letter dated 2.8.2017 (Annexure A-1) as per the vacancies

conveyed by the department. But since no response was

received from the said department till August 2018, therefore,

the petitioner could not be regularized in I&PH department.

Subsequent to filing of the present petition, on 5.9.2018, a

request was received from the department of Panchayat Raj and

Rural department for filling-up 4 out of 15 posts of peon.

Pursuant to their request, name of the petitioner along with three

others, who were all Matric pass, were sent and accordingly, they

.

were offered the appointments on 24.11.2018.

Since subsequent to the filing of the petition, the

petitioner, in fact has joined his duties in the department of

Panchayati Raj and Rural department on 27.11.2018, therefore,

nothing survives for adjudication in the instant writ petition.

with law for his

surviving

Same is accordingly disposed of as such, reserving liberty to the

petitioner to take re-course to appropriate remedy in accordance

grievances, if any. Pending

application(s), if any, shall also stand disposed of.

Jyotsna Rewal Dua Judge

5th March, 2021, (vs)