Himachal HC quashes State order, grants regularisation to College Mali
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Shimla, Dec 18,
The Himachal Pradesh High Court has directed the State government to regularise the services of a Mali who has been working for over two decades at a government degree college in Kangra district, holding that payment of wages from Parent Teacher Association (PTA) funds cannot be used to deny regularisation.
Allowing the CWP, a Single Bench of Justice Sandeep Sharma quashed the government order dated September 4, 2015, which had rejected the petitioner’s claim for regularisation on the ground that he was appointed through the PTA and not directly by the department.
“The source of his wages cannot be a ground to deny his entitlement to regularization,” the Court observed, adding that the decisive factor is the continuous service rendered by the petitioner in a government institution for more than 20 years
The petitioner, Surinder Kumar, has been working as a Mali at WRS Government Degree College, Dehri, since February 28, 2003. The Court noted that he had been appointed through a selection process conducted by the college and had worked continuously under the supervision and control of the Principal.
Rejecting the State’s argument that his honorarium was paid from PTA funds, the Court held, “Denial of regularization to the petitioner on the ground that his salary is being paid out of PTA funds is not sustainable in the eye of law”
Justice Sharma also took exception to the State’s conduct, observing that while the authorities continued to extract work from the petitioner, they attempted to raise “frivolous grounds” to defeat his legitimate claim when it came to regularisation.
“On the one hand, respondents… have been extracting work from the petitioner and on the other hand, while considering his prayer for regularization, they have attempted to raise frivolous grounds,” the Court remarked
The judgment emphasised that the State, as a welfare government, cannot exploit long-serving employees and is duty-bound to act as a model employer. The Court further held that denying regularisation in such cases would amount to discrimination and violate Articles 14 and 16 of the Constitution, especially when several PTA-appointed teaching and non-teaching staff have already been regularised under State policy
Quashing the impugned order, the Court declared the petitioner entitled to regularisation after completion of eight years of service. However, noting the delay in approaching the Court, it ruled that while the intervening period would count for seniority and service benefits, monetary benefits would be restricted to three years prior to the filing of the present petition.
The matter was contested by Sanjeev Bhushan, Senior Advocate with Advocate Sparsh Bhushan, for petitioners. While respondents were represented by advocate Rajan Kahol & Vishal Panwar, alongwith Additional Advocates General with Ravi Chauhan & Anish Banshtu, Deputy Advocates General, for the respondents State.
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