IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 5702/2011 alongwith CWP Nos.5704, 5705, 5706, 5971, 5973, 5974, 5975 and 5994 of 2011. Decided on:9.11.2011 _____________________________________________ 1. CWP No. 5702/2011 Dal Bahadur. …Petitioner. Versus State of H.P. and others. …Respondents 2. CWP No. 5705/2011 Ram Bahadur. …Petitioner. Versus State of H.P. and others. …Respondents. 3. CWP No. 5706/2011 Jyotika. …Petitioner. Versus State of H.P. and others. …Respondents 4. CWP No. 5971/2011 Prem Bahadur. …Petitioner. Versus State of H.P. and others. …Respondents 5. CWP No. 5973/2011 Rita Devi. …Petitioner. Versus State of H.P. and others. …Respondents. 6. CWP No. 5974/2011 Ram Kali. …Petitioner. Versus State of H.P. and others. …Respondents. 7. CWP No. 5975/2011 Kamla Devi. …Petitioner. Versus State of H.P. and others. …Respondents 8. CWP No. 5994/2011 Man Kumari. …Petitioner. Versus State of H.P. and others. …Respondents. 9. CWP No. 5704/2011 Gopi Devi …Petitioner. Versus State of H.P. and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. 2 Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 (in all the petitions) For the petitioners : Mr. A.K. Gupta, Advocate. For the Respondents: Mr. J.K. Verma, Dy. A.G. for respondents No.1 to 3. Mr. Tarlok Chauhan and Dinesh Thakur, Advocates for respondent No.4. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). Since common questions of law and facts are involved in all these petitions, the same are taken up together for hearing and are being disposed of by a common judgment. However, in order to maintain clarity, facts of CWP No. 5702/2011 have been taken into consideration. 2. Case of the petitioners, in a nutshell, is that though they have completed more than 10 years of service with 240 days in a block of calendar year, however, their services have not been regularized. Petitioners had earlier approached this Court by filing writ petitions and the same were disposed of with directions to the respondents to consider petitioners’ cases as per judgment rendered by this Court in Man Singh versus State of H.P. and others, CWP No. 1594/2008 decided on 27.7.2009. The fact of the matter is that petitioner’s case has been rejected by the 1 Whether reporters of the local papers may be allowed to see the judgment? 3 Engineer-in-Chief, H.P.P.W.D. in CWP No. 5702/2011 on 30.6.2010. In rest of the matters, petitioners’ cases have been rejected on 19.11.2010. 3. Mr. Ashwani Gupta has strenuously argued that his clients are fully eligible to be considered for regularization after completion of more than 8 years continuous service as on 31.3.2004. He then argued that the amendment carried out in the Recruitment and Promotion Rules has come into force with effect from 3.7.2004 and the same shall apply prospectively. 4. Mr. Ankush Sood, learned Additional Advocate General has vehemently argued that since the petitioners are not citizens of India, their services cannot be regularized after the conversion of work charge posts into regular posts in the month of August, 2005. 5. We have heard the learned counsel for the parties and have perused the pleadings carefully. 6. What emerges from the averments contained in the petitions is that in CWP Nos. 5702/2011, 5706/2011, 5971/2011, 5971/2011 5974/2011, 5975/2011 and 5995/2011 had been continuously working and had completed more than 8 years service upto 31.3.2004. Petitioner in CWP No. 5705/2011 is in continuous service since 1994. These petitioners have also completed 240 days in a block of 12 calendar 4 months. The cut-off date prescribed for regularization, as per averments contained in the reply to CWP No. 5702/2011 as well as in the impugned orders, is 31.3.2004. In other words, the petitioners were required to complete 8 years service upto 31.3.2004. The amendment in the Rules called “Himachal Pradesh Public Works Department Recruitment and Promotion (First Amendment) Rules, 2004” has been made on 3.7.2004 whereby Rule 14 has been substituted requiring that a candidate for appointment to any service or post must be a citizen of India. The State has taken a decision to convert the work charge posts to regular posts in the month of August, 2005, but the cut-off date for completion of 8 years service is 31.3.2004. The amendment carried out in the Recruitment and Promotion Rules notified on 3.7.2004 in the Gazette will apply prospectively and shall not take away the accrued/vested rights of the petitioners to be considered for regularization after completion of minimum service of 8 years as on 31.3.2004. It has come in the reply that the petitioners were eligible to be considered for regularization, however, their cases have not been considered only on the ground that they are not citizens of India. Moreover, when the petitioners were engaged, no such condition was imposed. The respondents have 5 also over-looked the ratio of judgment rendered by this Court in Man Singh’s case (supra) after taking into consideration the resolution passed by the Central Government on 1.3.1977, the office memorandum dated 10.5.1978 and letter dated 16.7.2009 addressed by the Secretary (Agriculture) to the Government of Himachal Pradesh to the Director of Agriculture, whereby it has been laid down that as far as Nepalese citizens are concerned, only eligibility certificates are required. In normal circumstances since the petitioners have been engaged after 31.12.1993, they could only be conferred with work charge status. However, in the instant case, respondent-State has taken a conscious decision to convert work charge posts in regular posts in the month of August, 2005. The cut-off date provided was 31.3.2004. All the petitioners had already completed 8 years of service with 240 days in each calendar year before 31.3.2004. Thus, now the petitioners have to be accorded regular status and not work charge status after the conversion of work charge posts in regular posts with a cut-off date of 31.3.2004. This will apply prospectively. Decision dated 31.12.2005 will cover the cases of all the daily wagers, who have completed 8 years of continuous service as on 31.3.2004 for conferment of regular status. In the case in hand, the amendment to 6 the Recruitment and Promotion Rules requiring the candidates to be Indian citizens has only been carried on 3.7.2004. 7. Accordingly, in view of the observations and discussions made hereinabove, all the petitions are allowed. Impugned Annexures dated 30.6.2010 and 19.11.2010, respectively are quashed and set aside. Respondents are directed to accord regular status to the petitioners since they have completed 8 years of service with 240 days in each calendar year on or before 31.3.2004, within a period of 8 weeks, after the production of certified copy of this judgment by the petitioners. Pending application(s), if any, also stands disposed of. No costs. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 9.11.2011 *awasthi*