IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 5535 of 2008. Decided on: 9.11.2010. __________________________________________________ Shri Daleepo … Petitioner. Versus The State of H.P. and others. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : None despite actual date notice to the petitioner and his learned counsel. For the respondents : Mr. Anil Jaswal, Dy.A.G. ___________________________________________________________ Justice V.K. Sharma, Judge. (Oral). The petition has been filed for grant of following substantive relief: “7 (a). That the service of the applicant be ordered to be regularized from the date of his completion of 10 years service as Fitter in regular pay scale of the post with arrear of pay allowances and consequential benefits.” 2. In the reply, in paragraph 1 of the preliminary submissions and paragraph 6 (a) on merits, the respondents have taken the following stand:- Preliminary submissions: “1. It is respectfully submitted that the applicant shri Daleepo was engated as a daily rated beldar during the year 1981 on Muster Roll basis, the detail of mandays is attached as per Annexure ‘A’. On 2 receipt of the posts of Industrial and Non-Industrial category from the Govt. the seniority list of all categories of daily wages workers who had completed 10 years or more service as on 31.12.93 was prepared on the criteria i.e. “in case, the worker worked on more than one post during the ten years, name is to be included in the lowest rung of the post/cadre/service in the seniority list of said category” and his name was included in the seniority list of Beldar and his services were regularized as Beldar workcharged vide Executive Engineer, I&PH Salooni Office Order No. IPHD/SLN/CB-7219 dt. 2.3.95. Since prior to 1984 he was working as a daily rated beldar, thereafter keeping the above facts in view, he was offered the post of workcharged beldar. In pursuance of this office order No. captioned as above, the applicant gladly accepted the post of a workcharged beldar at his own accord which was offered to him & joined the post of a workcharge beldar which itself reveals that he had no objection for the acceptance of the post of a workcharged beldar and that to clearly shows that he was very much interest and desirous to accept the offer of said post. Contrary to it if he would have been reluctant to accept the post of workcharged beldar he must have been protested. But neither he protested nor gave any thing to the respondent No.3 by putting in writing. On other hand it is respectfully brought out on the records that those persons who were reluctant and an desirous to accept the post of workcharged beldar, they by putting in writing made the request to the Department i.e. respondent No.3 that they may be promoted as a workcharge pipe fitter on the completion of 10 years of continuous service at their credit in the fitter (feeder) category as and when they 3 become eligible for the post of a workcharged pipe fitter. For an instance the persons who made the requests to the respondent N o.3 the names of those persons are given as under & copies of the undertaking given by them are also annexed as per Annexure ‘B’: 1. Shri Hari Chand s/o Shri Jassa 2. Shri Nirmal s/o Shri Doom Ram. Since neither the applicant sh. Daleepo made any request nor gave any undertaking in this regard to the respondent No.3 and such his name was considered in the category of workcharged beldar because of the facts that he had not completed 10 years of service in the fitter (feeder) category. In addition to above Engineer-in-Chief letter No. IPHD-ES-III SC Distribution of posts/94-2534-48 dated 2.12.94 requires to be referred to vide which necessary instructions were issued and the same are re-produced as under:’ As per decision of the Govt. Daily wages workers who have completed 10 years of service on 31.12.93 are to be regularized with effect from 1.1.94 in case of individuals who have completed 10 years of service by clubbing together service rendered in the various categories he will be regularized in the lowest category. Besides above it is further respectfully submitted that keeping the judgment dt. 25.6.96 in O.a. No. (D) 47/96 in a case of the applicant i.e. Sh. Daleepo delivered by the Hon’ble Himachal Pradesh Administrative Tribunal Shimla corrigendum was issued in favour of the applicant sh. Dalipoo only to maintain the status of a pipe fitter in the lowest grade of Rs. 770-1350 only with a view to making compliance of the Hon’ble H.P. Administrative Tribunal. In this connection a copy of judgment dt. 4 25.6.96 in O.a. No. (D) 47/96 is annexed as per Annexure ‘C”. In this context a copy of corrigendum No. 10359-65 dt. 9.3.98 is also annexed as per Annexure ‘D’.” Reply on merits: “6 (a). It is respectfully submitted that the applicant was appointed/engaged as a daily rated beldar w.e.f. 1981 at IPH Sub Division Koti under IPH Sub Division Salooni by the respondent No.3 thereafter he was promoted for the post of pipe fitter w.e.f. 1984. No doubt, the applicant thereafter was working till 1993 but the applicant Sh. Dalipo never completed 10 years of continuous service in fitter (feeder) category at his o wn credit uptill 1993 and to the reason he was offered the post of a workcharged beldar who at his own will obtained and accepted the same without any protest as is evident from the facts stated in the preliminary submissions. Had he any objection to the offer for the post of a beldar he must have been protested against the offer and made the request to the respondent No.3 for promoting him as work charged pipe fitter as & when his turn comes on the completion of ten years of continuous service in the latter category, but he did not do so. Since the applicant failed to maintain the process for achieving the goal i.e. 10 years of continuous service in the fitter category from 1984 to 1993 and that is why his name was considered in the category of workcharge beldar Now because he has joined the post of a workcharged beldar on 6.3.95 therefore question of regularizing and appointing him on the post of a workcharged pipe fitter does not arise at this stage because of the facts that on joining of posts of workcharged beldar because of the facts that on the joining of post of work charged beldar, his previous services of pipe fitter automatically stands broken 5 down and the applicant stands no where in the seniority list of pipe fitter.” 3. In view of the above reply, in case the petitioner has any grievance surviving with regard to the factual and legal aspect of the matter, it will be open to him to approach the respondents along with copy of this judgment within one month from today, in which case the matter will be duly considered and finally decided by the respondents within another three months. 4. In view of the above observations, the writ petition is disposed of, so also the pending applications, if any. (V.K. Sharma) Judge. November 9, 2010. (cr)