CWP No.4597 of 2009. 8.12.2009. Present: Mr. Ajay Sharma, Advocate, for the petitioner. Mr. R.K. Sharma, Senior Addl. Advocate General, for the State. The present writ petition is being disposed of at the admission stage with the consent of the parties. Petitioner was engaged as daily waged Beldar by respondents on 3.9.1998. He was posted in Herbal Garden, Neri in District Hamirpur. The main grievance of the petitioner is that the respondents are giving fictional/artificial breaks to the petitioner and other similarly situate persons to prevent them from completing 240 days in 12 calendar months. The Director of Ayurveda, has already issued instructions to the Incharge, Herbal Garden as per Annexure P-1 not to give artificial breaks in future to the daily paid labourers. The practice adopted by the respondents to give artificial breaks is against the well settled principles of service jurisprudence. In a recent judgment of the Hon’ble Supreme Court in Mohd. Abdul Kadir and another vs. Director General of Police, Assam and others, (2009) 6 SCC 611, their Lordships have held as under: “18. We are therefore of the view that the learned Single Judge was justified in observing that the process of termination and reappointment every year should be avoided and the appellants should be continued as long as the Scheme continues, but purely on ad hoc and temporary basis, coterminous with the -2- Scheme. The Circular dated 17.3.1995 directing artificial breaks by annual terminations followed by fresh appointment, being contrary to the PIF Additional Scheme and contrary to the principles of service jurisprudence, is liable to be quashed.” (emphasis supplied) Accordingly, in view of the instructions issued by the Director of Ayurveda, Himachal Pradesh coupled with the law laid down by their Lordships of the Hon’ble Supreme Court in the case cited hereinabove, the respondents are directed not to give artificial/fictional breaks to the petitioner. The period of artificial breaks shall stand regularized. The petition is disposed of. CMPs No.8251 & 8252 of 2009. In view of the disposal of the writ petition, both the applications are also disposed of. (R.B. Misra), ACJ. 8th December, 2009. (Rajiv Sharma), J. (tr)