IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T)No. 5899 of 2008 Date of decision: 3.8.2010 Hitender Singh .. Petitioner. Vs. State of H.P. & Another …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : None for the petitioner. For the respondents : Mr. R.K.Sharma, Senior Additional Advocate General, for respondent No.1. Mr. Ramakant Sharma, Advocate for respondent No.2. Justice Kurian Joseph, C.J. (Oral) The application was filed before the Tribunal with the following reliefs:- “(b) Direction may kindly be issued to the respondents to regularise the services of the applicant for the post of Driver in the pay scale of Rs. 3330-6200 from the date when the junior persons have been appointed in the department, after the engagement of the applicant as daily waged Driver in the department. 2 (c) Direction may also kindly be issued to the respondents to grant minimum of the pay scale of Rs. 3330-6200 under the principle of ‘equal pay for equal work’ enshrined under Art. 39(d) of the Constitution w.e.f. 22.8.96 alongwith interest accrued thereon.” 2. In the reply at paragraphs 3 and 6(3), it is stated as follows: “3. In reply to this para it is submitted that the applicant had been engaged on daily wages driver in Zila Parishad Hamirpur against the newly created post of driver for the vehicle of Chairman Zila Parishad Hamirpur on 22.8.1996 till the appointment of regular driver. For making the regular appointment of the driver the Department has constituted a Committee consisting of Deputy Commissioner as its Chairman and Additional Deputy Commissioner and Distt. Panchayat Officer as its members vide this office letter dated 17.1.1997 copy of which is annexed as Annexure R-I. It will also be relevant to mention here that the said post of driver was to be filled up amongst the candidates belonging to Schedule Caste, IRDP category which is evident from the letter of this Department dated 18.3.1997, the copy of which is annexed as Annexure R-2. Keeping in view the position clarified above the question of regularization of the applicant does not arise. Moreover he 3 does not belong to the category of SC, IRDP to which category the post is reserved. 6(3). As already stated in para 3 supra that the selection of the applicant to the post of driver on daily wages basis was made by the Chairman Zila Parishad for the period till the regular arrangement is made. He had never been assured that his services would be regularised. A cabinet decision of the State Government dated 24.2.99 is annexed as Annexure R-3 wherein the 5 vehicle of the Department has been declared surplus and as such the regular drivers of the Department for above vehicles were to be adjusted against the vacant posts as well as against the temporarily engaged drivers. In view of the above decision the regular driver Sh. Dayal Singh in the surplus vehicles of Distt. Panchayat Office Dharamshala was adjusted against the applicant. It is admitted that the applicant has completed240 days but his services could not be regularise in view of the above Cabinet Decision and applicant not belonging to SC, IRDP category to which the post was reserved.” 4. In view of the intervening developments, in case the petitioner has still any grievance left, he may approach the 1st respondent in which case the 1st respondent will duly consider the matter with notice to the petitioner and any other affected party and 4 appropriate action in accordance with law will be taken within another four months. The petition stands disposed of, so also the pending applications, if any. Copy dasti. (Justice Kurian Joseph), Chief Justice. August 3, 2010 (Justice Kuldip Singh), (GR/Vt) Judge.