IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 339 of 2005. Date of Decision: 18.11.2009 Dhani Ram …Petitioner. Versus. State of H.P. and others .. Respondents. Coram: The Hon’ble Mr.Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for Reporting? No For the Petitioner(s): Mr.P.P. Chauhan, Advocate For the Respondent(s): M/s.Rajesh Mandhotra & Vikas Rathore, Deputy Advocate Generals. Deepak Gupta, J. (oral) This writ petition is directed against the order of the learned H.P. State Administrative Tribunal, Shimla dated December 16, 2004 passed in O.A. No.1534 of 1999. The petitioner herein was engaged as Beldar/ Sweeper on part time basis in Film and Radio Workshop, Karsog some in the year 1981. He filed an O.A. before the learned Tribunal claiming that since he had been working as part time beldar-cum-sweeper for more than 18 years the respondents be directed to treat him in daily-wage employment from the year 1982 and be also directed to regularize his services. The petitioner’s case was that though he was shown to be working on part time basis, he was working for the whole day. 2 The respondents took the plea that the applicant joined in the year 1983 and had worked only on part time basis for about 16 years. The learned Tribunal held that there was no policy framed by the State Government to regularize part time workers. It further held that the applicant is working only on part time basis. However, the Tribunal gave a direction that employing a person on part time basis for more than almost 18 years could tantamount to exploitation of service and directed that the respondents should consider the case of the petitioner sympathetically for regularizing his services as and when he found eligible. The Government of Himachal Pradesh framed a policy in the year 2004 whereby it was decided to grant daily-wage status to all the part time employees who have completed 10 years service as such on 31.12.2003. The petitioner was also granted employment on daily- wage basis pursuant to this decision. Thereafter, the petitioner has filed the present petition praying that the respondents be directed to regularize the services of the petitioner in terms of the Recruitment and Promotion Rules. These Rules provide that recruitment to the Class-IV post of Peon shall be made 50% by direct recruitment and 50% by appointment from amongst the daily-wage class IV workers of the Department who have worked for at least 10 years failing which by making appointment from amongst those workers who have been working on part time 3 basis for more than 10 years. The petitioner has not placed on record any material to show that after he completed 10 years of service on part time basis any person in Mandi District was appointed to the post of Peon de hors these Rules. A part time worker could only be considered if no daily-wage worker was available. There is no allegation or cogent proof that any other part time worker junior to the petitioner has been regularized. The petitioner has filed an application being CMP No.7737 of 2009 praying that the respondents be directed to furnish this information. We are dealing with a case where the orders of the Tribunal are under challenge. It is for the petitioner to collect material which is relied upon and not for the Court to collect such material. The writ petition was admitted in the year 2005 and the petitioner should have filed such an application at an earlier stage and not at the time when the matter was fixed for hearing and it had been made clear that no further adjournment shall be granted. Keeping in view the above facts CMP No.7737 of 2009 is dismissed and we find no merit in the writ petition which is accordingly rejected. No order as to costs. ( Deepak Gupta ), Judge. November 18,2009. ( V.K. Ahuja ), PV. Judge. 4