IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos. 2719 of 2009, 3378, 3379, 3383, 3384, 3552 and 3585 of 2009 Decided on: 18th October, 2010 1. CWP No. 2719 of 2009 Ram Singh and others Petitioners Versus State of H.P. and others Respondents 2. CWP No. 3378 of 2010 Ramesh Kumar Petitioner Versus State of H.P. and others Respondents 3. CWP No. 3379 of 2010 Babu Ram Petitioner Versus State of H.P. and others Respondents 4. CWP No. 3383 of 2010 Sanjeev Petitioner Versus State of H.P. and others Respondents 5. CWP No. 3384 of 2010 Gulab Singh Petitioner Versus State of H.P. and others Respondents 6. CWP No. 3552 of 2010 Thakur Dutt Petitioner Versus State of H.P. and others Respondents 7. CWP No. 3585 of 2010 Chet Ram Petitioner Versus State of H.P. and others Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh , Judge For the Petitioner: Mr. Neel Kamal Sood, Advocate For the Respondent: Mr. R.K. Bawa, Advocate General, with Mr. J.K.Vema, Dy. A.G. __________________________________________________________ Justice Kurian Joseph, C.J. (Oral) Petitioners have been working on daily wage basis for quite some time under the Forest Department. According to them, in view of the Notification, dated 28th April, 2009 (Annexure P-1),their chances for regularization have been marred. 2. Having gone through the reply and after having heard learned Deputy Advocate General, we are afraid that there are no basis for apprehension of the petitioners. It is clearly stated in Annexure P-1 itself that all works of Forest Department should be done on bill basis except where already continuing daily wagers are involved, who are working for last many years and cannot be removed. In such cases, Muster Roll may be issued with the prior approval/authorization of DFO concerned. 3. In reply at paragraph 4, policy has been specifically clarified as follows:- “There is a Policy of regularization of those daily wagers, who have completed 8 years of continuous working period with more than 240 days in each calendar year. It is submitted that the service conditions of daily wagers including the petitioners have not been changed due to the notification dated 28.4.2009. Therefore, the Notification dated 28.4.2009 does not supersede the Policy of regularization.” 4. Still further, at paragraph 7 it is stated that no fictional/artificial breaks were even given to the petitioners. In the above circumstances, these writ petitions are disposed as follows. 5. The petitioners, subject to the availability of work, shall be continued as daily wagers in terms of the existing policy which is explained in the reply, on completion of required man days they shall be granted regularization and any other eligible benefits, in terms of the policy. It is made clear that the petitioners shall not be discontinued or disengaged so as to deny them the benefit of 240 days in a year, in case there is work available. Needless also to say that after disengaging them, fresh hands shall not be engaged in their place in case they are willing to do the available work. In case the wages due to any of the petitioners have not been disbursed, the same shall be disbursed within a period of one month from the date of production of the copy of this judgment before the competent authority. 6. The writ petitions are disposed of, so also the pending applications, if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice ( Justice Kuldip Singh ), October 18, 2010(K) Judge