IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P. (T) No. 15619 of 2008 Date of decision: 22. 6. 2009 Smt. Pinu Devi …..Petitioner. Versus State of H.P. and others ……Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting ?1 . For the petitioner: Mr. V.D. Khidta, Advocate. For the respondents : Mr. R.M. Bisht, Dy. Advocate General, with Mr. Rajesh Mandhotra, Dy. Advocate General. Deepak Gupta, J (oral). The petitioner filed an Original Application before the learned Tribunal, which has been transferred to this court after the abolition of the Tribunal in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008. The grievance of the petitioner is that though she has been working as daily waged Majdoor for 240 days in each calendar year with the Forest Department of the State of H.P. right from the year 1994 onwards, her case for regularization has not been considered in accordance with the Scheme of the State Government and the judgment of this 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes. - 2 - court rendered in Gauri Dutt and others versus State of H.P. Latest HLJ 2008 (HP) 366. The petitioner in support of her claim has attached Annexures A-1 and A-2 which have been issued by the officials of the Forest Department which show that the petitioner has worked as daily waged Majdoor with the Forest Department right from the year 1994. The stand of the respondents is that the record prior to the year 1999 was gutted in a fire and the same is not traceable and therefore, this period could not be taken into consideration. The respondents have also taken up a plea that during the period 1.9.1999 to 31.8.2000, the petitioner had undergone training in the Sewing Center Chowai and as such she could not have worked during this period. The petitioner has filed rejoinder and has attached therewith a certificate issued by the Cutting and Tailoring Teacher Chowai, in which certificate it has been certified that after obtaining prior permission, training was imparted to a number of ladies including the petitioner during this period from 5.30 p.m. to 7.30 p.m., so that, they could work on daily wages. Keeping in view this certificate, there can be no manner of doubt that nothing prevented the petitioner from working as daily waged Majdoor - 3 - during the regular office hours. The certificate Annexure A-1 has been issued by the Range Forest Officer, Chowai. This clearly shows that right from 1994 till 2000, the petitioner had completed more than 240 working days in each calendar year. This certificate not only gives the number of days the petitioner worked, but the number of the muster roll(s) is mentioned and the daily wages paid to the petitioner are also reflected in the said certificate. Similarly Annexure P-2 gives the details regarding the working of the petitioner. These documents have been issued by the officers of the respondents and there is no reason why the authenticity of these documents should be doubted. Keeping in view the aforesaid facts, we dispose of the writ petition with the direction to the State Government to consider the case of the petitioner for regularization on the basis that she has completed 240 days in each calendar year from 1994 onwards. The order in this behalf be positively issued within three months from today. In case, the petitioner is entitled to any monetary benefits on account of her regularization from a prior date, the arrears shall be paid within three months thereafter, failing which, the respondent- State shall be liable to pay interest @ 12% to the petitioner. - 4 - The petition stands disposed in the aforesaid terms. No order as to costs. (Deepak Gupta), J (Surinder Singh,J June 22, 2009 (cm)