IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 1103/2008 Decided on:15.3.2010 _____________________________________________ Hem Raj. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1. No. For the petitioner : Mr. Narender Sharma, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. for the respondents. _____________________________________________________ Rajiv Sharma, Judge (oral) Petitioner started working on daily wage basis with effect from 1993. He worked continuously with effect from 1995 till 2005. However, he has completed only 221 and 217 days in the years 2001 and 2002 respectively. The name of petitioner was recommended for the purpose of regularization as per Annexure A-3. His name figures at Sr. No. 140. However, petitioner was not regularized subsequently only on the ground that he has not completed 240 days in the years 2001 and 2002. 1 Whether reporters of the local papers may be allowed to see the judgment? . No. 2 Mr. Narender Sharma argued that in fact petitioner could not complete 240 days in the years 2001 and 2002 since he was deputed by the concerned Officer in Sanjhi Van Yojna. The Court is of the considered view that since petitioner had been working continuously since 1995 and had completed 240 days in each calendar year except in the years 2001 and 2002 with effect from 1995 to 2005, shortfall of 19 days in the year 2001 and 23 days in the year 2002 should have been ignored by respondents while counting continuous service. The Court is dealing with the case of a person, who belongs to lower strata of the society. Relief of regularization cannot be denied only on the ground of shortfall of few days in the years 2001 and 2002. Accordingly, the petition is allowed. Respondents are directed to consider the case of petitioner from the due date after condoning the shortfall of 19 days in the year 2001 and 17 days in the year 2002. Needful be done within a period of 6 weeks from today. No costs. (Rajiv Sharma), Judge 15.3. 2010 *awasthi*