2025:HHC:15523-DB IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5128 of 2022 Decided on: 23rd May, 2025 ------------------------------------------------------------------------------------- Kuldeep Kumar and others …..Petitioners Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 Yes For the Petitioners: Mr. Aman Parth Sharma, Advocate. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition was originally filed seeking directions to the respondents to confer regular government contractual employment status to the petitioners from the due date, i.e. on completion of 9600 hours of service with all consequential benefits as per the applicable policy. During pendency of the writ petition, the respondents have now taken over services of the petitioners on regular government contract from due dates, but on notional basis. Actual benefits have been allowed to the petitioners with effect from the date of issuing office order dated 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2025:HHC:15523-DB 13.09.2022. The surviving dispute in this writ petition concerns claim of the petitioners to actual benefits pursuant to their services having been taken over on regular government contract under the said office order. 2. The case 2(i). Petitioners joined the respondent-Technical Education, Vocational and Industrial Training Department under the Institute Management Committee (IMC) as Sweepers/Chowkidars in different Government Industrial Training Institutions (ITIs) during the years 2010 and 2011. 2(ii). On 03.10.2015, Government of Himachal Pradesh, Department of Technical Education issued a notification for taking over services of all the Teaching and Non-Teaching employees engaged on contract basis through Student Welfare Fund, Institute Management Committee(s) and under other schemes upto 31.07.2015 in Government Engineering Colleges, Polytechnics and Industrial Training Institutes of the Department of Technical Education, Vocational & Industrial Training on contract basis after completion of 07 years or 9600 hours of service, whichever is earlier, as one time measure in public interest with immediate effect. As per the notification, services of all such eligible employees were to be taken over on contract basis 3 2025:HHC:15523-DB after completion of 07 years or 9600 hours service, whichever was earlier, on contract basis against available vacancies, failing which against the resultant vacancies. Relevant portion of the notification is as under:- “Notification The Governor, Himachal Pradesh is pleased to take over the services of all the teaching and non teaching employees engaged on contract basis through Student Welfare Fund, Institute Management Committee(s) and under other schemes up to 31.07.2015 (i.e. date of closing of academic year 2014- 2015) in Government Engineering Colleges, Polytechnics and Industrial Training Institutes of the Department of Technical Education Vocational & Industrial Training on contract basis after completion of 7 years' or 9600 hours whichever is earlier as one time measure, in the public interest, with immediate effect subject to the condition no litigation is subsisting and an undertaking to this effect shall be taken from all the concerned. The terms and conditions are as under:- (i) That the service of all such eligible employees shall be taken over on contract basis after completion of 7 years' or 9600 hours service whichever is earlier in accordance with the terms and conditions (for contract) issued by the Department of Personnel vide their letter No.PER(AP) C- B (2) 2/2015 dated 07.05.2015, further amended from time to time and fresh contract agreement in respect of all the existing employees as on 31.07.2015 shall be executed accordingly. (ii) That the services of all such employees shall be taken over on contract basis against available vacancies failing which against resultant vacancies and existing mal-engagement shall be discontinued immediately………..” 2(iii). According to the petitioners, they completed 9600 hours of service in the year 2016. Despite this, the respondents did not take over their services on contract basis. In response to the information sought by the 4 2025:HHC:15523-DB petitioners under the Right to Information Act about the vacancies existing against the post of Peon and Chowkidar in the respondent-Department, following information was supplied to them on 11.01.2022:- “Sr. No. Information sought under RTI Reply 1 Is the created vacant post is available in the department of Technical Education during the period of Nov, 2016 to March, 2017. Yes. 2 If yes, how much post are vacant in the department. As per record received from the field institutions 66 posts of Peon and 71 posts of Chowkidar. (copy enclosed page No.01 to 63)” 2(iv). On becoming aware that posts in Class-IV category were available in the Technical Education Department for taking over petitioners’ services on contract basis during the year 2016-2017 and despite the availability of vacancies, the respondents having not taken over their services on contract basis, the petitioners instituted this writ petition, seeking following substantive relief:- “i). Present petition may kindly be allowed and respondent may kindly be directed to grant the regular govt. contract to the petitioners from the due date i.e. on the completion of 9600 hrs of service, with all consequential benefits, as per the policy dated 3.10.2015.” 2(v). Respondents filed reply on 06.12.2022. Alongwith the reply, an office order dated 13.09.2022 5 2025:HHC:15523-DB (Annexure R-2) was appended, wherein, the respondents acknowledged that the petitioners had completed 9600 hours of service on 26.08.2016 & 18.11.2016 and also that the petitioners fulfill the eligibility criteria as per the government notification dated 03.10.2015 for taking over of their services on regular government contract. In terms of the aforesaid office order, services of the petitioners were taken over on regular government contract w.e.f. 19.11.2016 (petitioners No.1, 2 and 4) and 27.08.2016 (petitioner No.3). Notional benefits were allowed to the petitioners from these dates. Petitioners’ grievance is that instead of notional, they are to be conferred actual benefits. 3. Heard learned counsel for the parties and considered the case file. 3(i). Legal position:- In Union of India and Others Vs. K.V. Jankiraman and Others2 the employer had kept away the employee from promotional post by wrongly keeping his case for promotion in sealed cover. The employee was held entitled to actual benefits. Hon’ble Apex Court held that principle of ‘no work no pay’ has no applicability where 2 (1991)4 SCC 109 6 2025:HHC:15523-DB employee though willing is not allowed to do work without his fault. In State of Kerala and Others Vs. E.K. Bhaskaran Pillai3 holds that grant of monetary benefits with retrospective promotion depends upon consideration of various facets. When administration denies legitimate dues, the employee should be given full monetary benefits subject to there being any change in law or some other supervening factors. Principle of ‘no work no pay’ cannot be accepted as a rule of thumb, there are exceptions where monetary benefits have been granted by the Courts. In somewhat similar factual position, Hon’ble Division Bench had granted actual monetary benefits to the petitioner in Pradeep Kumar Vs. State of H.P. and Another4. In the aforesaid case, petitioner had prayed for taking over his services from due date as per Government policy dated 03.10.2015. During pendency of the petition, services of the petitioner were taken from due date but on notional basis. Holding that petitioner was denied benefit for no fault of his, he was held entitled to actual benefits from due date. 3 (2007) 6 SCC 524 4 CWP No.4254 of 2022, decided on 30.12.2022 7 2025:HHC:15523-DB 3(ii). In the instant case, it was for the respondents to have conferred regular government contract status upon the petitioners on their satisfying the eligibility criteria in terms of notification dated 03.10.2015, i.e. on completion of 07 years or 9600 hours of service, whichever was earlier. It is not even a case of ‘no work no pay’. Petitioners had been serving with the respondent-Technical Education Department. Respondents have not disputed availability of vacancies for taking over petitioners’ services on contract basis on their completing 9600 hours of service. Fault, if any, in not performing the duties at the relevant time lies with the respondents. Petitioners cannot be blamed for the inaction of the respondents. They were compelled to institute this writ petition for grant of benefit, to which they were entitled to under notification dated 03.10.2015. Merely because the respondents have not conferred actual benefits to some other similarly situated incumbent, will not take away the right of the petitioners to claim actual monetary benefits. 4. In view of above, this writ petition is allowed. The respondents are directed to release all actual benefits to the petitioners with effect from the dates from which their services have been taken over on regular government 8 2025:HHC:15523-DB contract, i.e. w.e.f. 19.11.2016 in case of petitioners No.1, 2 & 4 and w.e.f. 27.08.2016 to petitioner No.3. This exercise be completed within four weeks from today. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua May 23, 2025 Judge Mukesh