The State of Himachal Pradesh & Anr. vs Pinju Ram etc.

The Government decided by policy dated 27.02.2004 that part time class-IV employees who completed ten years of continuous service as on 31.12.2003 in all departments, except Education and Ayurveda, will be made daily wagers subject to certain terms and conditions. In Moti Singh case, the High Court held that the employee would not be entitled to any consequential monetary benefits for past period, but this would be counted for the purpose of regularization after completion of ten years. A Pursuant to the above directions of the High Court, the State Government in the Department of Revenue issued instructions on 22.09.2011. The first respondent filed a writ petition before the High Court seeking a grant of daily wage status with consequential benefits with effect from 27.02.2004. High Court issued a direction for payment of consequential monetary benefits with effect from 01.01.2007. Hence, the present Special Leave Petition.

Allowing the appeals, the Court

HELD: 1. In Moti Singh case, the High Court specifically held, while directing the consideration of a representation that C upon the conferment of daily wage status, the employee would not be entitled to any consequential monetary benefits for the past period, but this would be counted for the purpose of regularization after completion of ten years. [Para 15]

2. The policy dated 22 September 2011 essentially adopted the

principle

adopted in Moti Singh case by the High Court. The communication dated 22 September 2011 of the State Government in the Department of Revenue specifically spoke of the conversion of part time revenue chowkidars to daily wage status. Such a policy statement was required since evidently they were not specifically covered by the policy decision of 27 February E 2004. [Para 16][606-G-H]

3. The decision which communicated on 22 September 2011 essentially granted seniority to the revenue chowkidars who were being placed on a daily wage basis. However, the payment of wages would be with effect from the date of the actual appointment F and not earlier. [Para 17][607-A]

4. Once the State Government decided to bring part time revenue chowkidars on a daily wage basis with the added stipulation that while their seniority would count from the completion of ten years, this would be without any past financial benefits, this principle was required to be duly followed. In the G circumstances, the High Court ought not to have issued a direction for the payment of consequential monetary benefits with effect from 1 January 2007. Such a direction in fact was inconsistent with the observations of the High Court itself in Moti Singh case which was decided on 21 April 2011. Thus, the direction of the High Court shall stand set aside. [Paras 19, 20, 21 and 22] H [607-C, D, E]

Moti Singh v. State and Ors. (Judgment dated 21.04.2011 passed in CWP No.2192/2011 by the High Court of Himachal Pradesh); State of Himachal Pradesh & Anr. v. Meher Singh and Others (Judgment dated 12.04.2007 passed in CWP No.281/2007 by the High Court of Himachal Pradesh) – referred to.