IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.1295/2011-B Decided on : October 3, 2012 Nika Ram, s/o late Sh. Padmu, aged about 36 years, presently working as Clerk on daily wages basis in o/o HPPWD Division Kumarsain, r/o Village Bhrara, P.O. Bharara, Tehsil Sunni, District Shimla, (HP). …..Petitioner. Versus 1. State of HP through Secretary (PWD) to the Government of H.P., Shimla (HP). 2. Engineer-in-Chief, HPPWD, Nigam Vihar, Shimla (HP). 3. Superintending Engineer, 11 Circle HPPWD, Rampur, District Shimla, (HP). ….. Respondents. Civil Writ Petition under Article 226 of the Constitution of India Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. For the Petitioner : Mr. P.P. Chauhan, Advocate. For the Respondents: Mr. Ram Murti Bisht, Deputy Advocate General. Justice Sanjay Karol, J (oral) Petitioner has prayed for the following relief:- “(a) to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent department to deem the petitioner having been appointed on regular basis w.e.f. date of his appointment letter for all purposes and intents and grant all the consequential benefits to the petitioner including arrears alongwith interest thereon @ 18% pa.” 2. It is the case of the petitioner that even though there was no provision in the Rules for appointment on contract basis, yet 2 contrary to the same, respondents have appointed him as such. According to the petitioner, while considering the petitioner’s case for giving appointment on compassionate basis, respondents have erred in interpreting the Rules. 3. This petition can be disposed of, as prayed for, with a direction to respondent No.2 to consider the petitioner’s case on merits for his appointment to the post to which he had applied, in accordance with the prevalent Rules. Ordered accordingly. Needful be done within a period of 8 weeks from the date of production of certified copy of the order. With the aforesaid observations, present petition stands disposed of, so also the pending application(s), if any. (Sanjay Karol) October 3, 2012 ( k.sharma) Judge