IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP-T No. 2264/2008 Decided on:4.3.2010 _____________________________________________ Smt. Kesari Devi and others. …Petitioners. Versus State of Himachal Pradesh and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the petitioners : Ms. Vidushi Sharma, Advocate For the Respondents: Mr. Rajinder Dogra, Additional Advocate General. _____________________________________________________ Rajiv Sharma, Judge (oral). Counsel for the petitioners has informed the Court that original petitioner Bhag Singh has in fact died on 6.3.2006 and his legal heirs have been brought on record vide order dated 22.5.2009. Material facts necessary for the adjudication of this petition are that original petitioner Bhag Singh (now deceased) was engaged as Beldar on Salooni-Dhaned-Masiana Road, which was under the control of Zila Parishad with effect from 1965 to 1973. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 Zila Parishad Road Inspector, Hamirpur has issued certificate to this effect on 1.1.1973. State Government had taken a conscious decision to take over 12 roads in the month of April, 1973. Thereafter services of Bhag Singh were taken over by the Himachal Pradesh Public Works Department. The mandays’ chart has been annexed with the reply as Annexure R-II. Case of Bhag Singh, in a nutshell, is that his entire service till 1993 should have been taken into consideration and he was bound to be regularized with all the consequential benefits. Case of the respondents is that Bhag Singh (original petitioner) has failed to substantiate that he had been working as Beldar with effect from 1965 to 1973. I have heard the learned counsel for the parties and have gone through the pleadings carefully. Bhag Singh started working as Beldar on Salooni-Dhaned- Masiana Road. This road was constructed by Zila Parishad. As noticed above, State Government had decided to take over 12 road as per Annexure P-1. Salooni-Dhaned-Masiana road figures at Sr. No.2 of Annexure P-1. Bhag Singh started working with the Himachal Pradesh Public Works Department with effect from 1973 till his retirement i.e. in the year 1993. He has worked for 165 days in the year 1973, 167 days in the year 1974 and 159 days in the year 1975. He had been continuously working with effect from 1977 to 1993. He had completed 240 days in each calendar year. The only ground taken by respondents to deny regularization to Bhag Singh was that he had attained the age of superannuation in the year 1990. The learned Additional Advocate General has failed 3 to substantiate that there was any age prescribed for the superannuation of workman. His case ought to have been considered for regularization. Bhag Singh has placed on record certificate issued by the Zila Parishad Road Inspector that he had worked with effect from 1965 to 1973. Respondents have also admitted that Bhag Singh had worked uninterruptedly from 1977 to 1993 and has completed more than 240 working days in each calendar year. Service rendered by Bhag Singh with effect from 1965 to 1973 were also required to be taken into consideration while considering his case for regularization. Accordingly, the petition is allowed. Respondents are directed to consider the case of Bhag Singh for regularization immediately after completion of ten years. Respondents are further directed to take into consideration the service Bhag Singh has rendered with effect from 1965 to 1973 while calculating the qualifying service and thereafter to consider the case of his legal heirs for family pension in accordance with law. They are also held entitled to interest @ 9% per annum. No costs. (Rajiv Sharma), Judge 4.3.2010 *awasthi*