HP High Court Orders Regularisation Of Class-IV Employee After 20 Years Of Service; Imposes ₹50K Cost On State For Repeated Denial Of Claim

The Himachal Pradesh High Court has ordered the regularisation of a Class-IV employee after 20 years of service. The court imposed a ₹50,000 cost on the state as it repeatedly denied the claim of the employee, despite repeated directions from the court.Justice Sandeep Sharma remarked that: “Since petitioner herein was repeatedly compelled by respondents to approach this Court for his rightful claim, coupled with the fact that despite repeated clarifications and directions issued by learned Single Judge as well as Division Bench of this Court, respondents failed to comply with the earlier directions… it is a fit case where cost amounting to ₹50,000 should be imposed upon the respondents. Ordered accordingly.”The petitioner was engaged as daily wager (Class-IV) in Government Post Graduate College, Nahan in 2006 and has been continuously performing the duties of Peon, Daftri, Chowkidar & Sweeper since then. In 2014, he sought regularisation under the Himachal Pradesh Government's 2014 policy as he had completed the requisite years of service. His request was denied, after which he filed a writ petition in 2020, and the Division bench of the court directed the state to consider his case for regularisation. However the authorities rejected the case of the petitioner, stating that there were no instructions for regularisation of services of those non-teaching staff, who were engaged by the heads of institution at their own level against non-sanctioned/created posts, without any approval/permission.Thereafter, the petitioner filed an execution petition before the court challenging the rejection order. The Court directed the authorities to consider his case, holding that rejection on earlier grounds was not legally sustainable. After which the state filed an appeal, before the High Court, challenging the court's decision. However, the appeal was rejected by the State on the ground that the court had directed the authorities to consider the case of the petitioner and there was no point sitting over the judgement and rejecting the case of petitioner on the same plea.Even after this, the authorities again rejected the petitioner's claim, and the petitioner was compelled to file this writ petition before the High Court. The Court observed that the authorities repeatedly argued that the appointment of the petitioner was not in accordance with law, but the authorities did not explain why the petitioner is still continuing the duty. The Court remarked that when they had directed the authorities to consider the case of the petitioner, they had they had no occasion to sit over the judgment of the Division Bench and again reject the case of the petitioner on the same plea. Thus, the Court held that once the petitioner had served for almost 20 years and to date no steps were taken by the state to remove him for the reason that his initial appointment was not as per the rules, his regularisation needs to be allowed. Case Name: Sh. Balbir Singh V/s State of H.P. & Ors. Case No.: CWP No. 3189 of 2025Date of Decision: 19.08.2025For the Petitioner: Mr. Nishant Khidtta, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate GeneralClick Here To Read/Download Order

HP High Court Orders Regularisation Of Class-IV Employee After 20 Years Of Service; Imposes ₹50K Cost On State For Repeated Denial Of Claim

Mehak Aggarwal

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