Himachal Pradesh High Court

Kamal Nain Dogra vs State Of H.P. & Ors. on 6 May, 2024

Bench: Tarlok Singh Chauhan, Sushil Kukreja

Kamal Nain Dogra vs State of H.P. & ors.

CWPOA No.6559 of 2020

06.05.2024. Present: Mr. Tarun K. Sharma, Advocate, for the petitioner.

Mr. Ramakant Sharma, Addl.A.G., for the respondents/State.

Mr. Anil Kumar God, Advocate, for respondent No.3.

The instant petition has been filed with the following

substantive reliefs:-

a) That the respondents may kindly be directed to give regularization to the applicant with all consequential benefits w.e.f. 3.1.2007 instead of

10.11.2008, alongwith interest on the delayed arrears

of salary and the benefits of revised pay salary w.e.f.

3.1.2007 till the realization of the amount as per the ratio laid down in CWP No.2415 of 2012 titled as Mathu Ram versus Municipal Corporation and ors.

by Hon'ble High Court of Himachal Pradesh.

(b) That the direction be given to respondent No.2 to give regularization to the applicant w.e.f. 3.1.2007

onwards when he was completed 8 years of service, as has been done by the respondent department in

the case of similarly situated persons vide office order dated 20.4.2016.

c) That directing the respondents to consider the applicant for pension and pensionary benefits in view of the fact that he was entitled to get regularization w.e.f. 3.1.2007 onwards."

Respondents No.1 and 2 have filed their reply,

wherein it has been specifically averred as under:-

"However, the petitioner could not be regularized earlier under regularization policy circulated on 9.6.2006 and 18.6.2007, as the petitioner had not completed the requisite qualifying service, i.e., 8 years continuous with the minimum 240 days in each calender year as on 31.2.2004 and 31.3.2006 respectively."

Evidently, the aforesaid statement is contrary to the

records as produced by the respondents themselves, which

goes to indicate that on and from the year 1999, the petitioner

had completed 240 days in each calender year uptill 2008 and

in this manner, the petitioner had completed 8 years of regular

service with the minimum of 240 days, thus his services were

required to be regularized from the year 2007.

As regards the cut off date in the policy, the same

had to be read in a manner, as laid down by this Court in CWP

No.2415 of 2012, titled as Mathu Ram Vs. Municipal

Corporation & others, decided on 31.7.2014, which judgment,

in turn, stands affirmed uptil the Hon'ble Supreme Court by