CWP(T) No. 7508/2008 09.11.2010 Present: Mr. H. K. Paul, Advocate for the petitioner. Ms. Ruma Kaushik, Addl. A.G. with Mr. Ram Murti Bisht, Dy. A.G. for the respondents During the course of the hearing, learned counsel for the petitioner restricted the petition for the following relief : (a) The Respondents may kindly be directed to regularise the services of late Shri Chuni Lal in the regular pay scale with effect from 1-4-1998 and pay arrears of pay and allowances to the applicant immediately. 2. It is not in dispute that Sh. Chuni Lal was engaged on muter roll basis with the respondents. In December 1989 he completed 31 days and thereafter till the year 1999 he uninterruptedly continued to work for more than 240 days in each calendar year. Unfortunately he died in a motor vehicle accident on 15.1.1999. On this date services of Sh. Chuni Lal were not regularised. 3. On 23.9.1998 Government issued a letter in terms of which daily waged workers employed in different departments of the State and had completed 9 years of continuous service as on 31.3.1998 (with a minimum of 240 days in a calendar year) were to be regularised against available vacant posts or if the posts were not available then they were to be created subject to fulfillment of certain conditions. It is not in dispute that late Sh. Chuni Lal fulfilled such conditions, except for that on 31.3.1998 he had not completed 9 years of continuous service. This condition was subsequently amended by the Government in terms of another letter dated 8.7.1999 (Annexure A-5) and the Government took a policy decision to regularise services of all daily waged workers who had completed 8 years of continuous service as on 31.3.1999. 4. Undoubtedly under the revised policy Sh. Chuni Lal had completed more than 9 years of service before his death on 15.1.1999. Petitioner is legal heir of deceased Chuni Lal. Certain benefits would flow in her favour. Consequently, prayer needs to be allowed. Respondents are directed to regularise the services of late Sh. Chuni Lal with effect from the date when he completed 8 years of continuous service. Consequential benefits be also disbursed to the petitioner. All consequential actions be taken within a period of three months from the date of receipt of the certified copy of the order. It is clarified that if amounts due are not disbursed within the aforesaid period, then thereafter petitioner shall be entitled to interest @9% per annum. With the aforesaid observations, petition stands disposed of. ( Sanjay Karol ), Judge. November 09, 2010 (rana)