IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWPs No. 5408, 5409, 5410 & 5411 of 2010. Decided on: 23rd November, 2010. 1. CWP No. 5408 of 2010. Vinod Kumar. Vs. State of H.P. & others. 2. CWP No. 5409 of 2010. Rajinder Pal. Vs. State of H.P. & others. 3. CWP No. 5410 of 2010. Jaram Singh. Vs. State of H.P. & others. 4. CWP No. 5411 of 2010. Vikram Jeet. Vs. State of H.P. & others. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioners : Mr. Sanjay Jaswal, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. Ankush Dass Sood, Addl. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioners in these cases are aggrieved since they were not regularized against the posts in which they were working, on completion of eight years of daily waged service. They have been working in the posts of Fitter except in the case of CWP No.5410 of 2010, who is a Mason. The stand in the reply filed by the Superintending Engineer, Irrigation and Public Health Circle, Chamba is that the petitioners are not qualified to be regularized in the posts and they can be regularized only in the posts of Beldars. It is the contention of the petitioners that the Government had given relaxation 2 of qualification in the matter of regularization in Class III posts in the case of 242 daily wagers as can be seen from Annexure P-2 dated 23.3.2007. It is also pointed out that in terms of the policy of the Government in Annexure P-4 dated 28.8.2009, there is a provision for relaxation of the procedural formalities. In case the petitioners are similarly situated as the 242 daily waged workers covered by the order dated 23.3.2007, the petitioners cannot be discriminated. However, it is the stand of the Superintending Engineer that it is for the Government to pass orders in the matter. Therefore, these writ petitions are disposed of directing the first respondent to consider the cases of the petitioners herein and in case it is found that they are similarly situated as the 242 daily waged workers covered by Annexure P-2, referred to above, the petitioners herein also shall be granted the similar treatment. The needful in this regard shall be done within a period of two months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner concerned. Needless to say that subject to the order thus passed by the Government, as above, the petitioners will also be granted the consequential benefits within another one month. 2. The writ petitions are disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice. 23rd November, 2010. (Justice V.K. Ahuja), (tr) Judge. 3