NARESH THAKUR Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2020-1-55
HIGH COURT OF HIMACHAL PRADESH
Decided on January 06,2020

Naresh Thakur Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents


Referred Judgements :-

C JACOB VS. DIRECTOR OF GEOLOGY ALIAS MINING [REFERRED TO]
UNION OF INDIA VS. M K SARKAR [REFERRED TO]


JUDGEMENT

TARLOK SINGH CHAUHAN,J. - (1.)The present petition has been filed for the following reliefs:
"(i) That the impugned rejection dated 3.12.2014 at Annexure A-14 and dated 20.9.2016 at Annexure A-25, may kindly be quashed and set-aside.

(ii) That the respondents may kindly be directed to regularize the services of the applicants with Whether the reporters of the local papers may be allowed to see the Judgment?Yes effect from due date i.e. the date of completion of 10 years of their daily wage services i.e. 1996/1997 with all consequential benefits in the interest of justice."

(2.)The applicants/petitioners were initially appointed as Clerks on daily wages in the year 1986-87 without any sanctioned posts for limited period for various studies/research work in the Projects funded by the Government of India in the Himachal Pradesh Institute of Public Administration (HIPA). In the year 1992, all the petitioners (except petitioner No.4) applied for the posts of Investigators in the Projects and were taken as such.
Whereas, petitioner No.4 remained as Clerk upto 30.09.1992. In the year 2003, four posts of Investigators were created by abolishing existing four posts i.e. Deputy Director (Research), Programmer, Research Assistant and Junior Scale Stenographer of the Institute. The petitioners were offered these appointments and they accepted the same unconditionally.

(3.)It was in the year 2010 when the petitioners woke up from deep slumber and filed CWP No. 4758 of 2010 seeking regularization of their services in accordance with the policy framed by the Government on 11.12.1997.
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