IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.4686 of 2025 Decided on: 20.11.2025 _________________________________________________________________ Sanjay Kumar ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Goldy Kumar, Advocate. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge Petitioner seeks to condone shortage of eight days in completion of 240 days’ of his service during calendar year, 2014 as this shortage of eight days is coming in way of converting his daily waged service rendered as Jal Rakshak (Water Guard) to Pump Attendant (contract). 2. Heard and considered the case file. 3. Petitioner was appointed as Jal Rakshak pursuant to resolution No.5 dated 24.09.2011 passed by the Gram Panchayat Sihund, Tehsil Nagrota Bagwan, District Kangra, 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - H.P. Petitioner joined his duties the same day and is continuing till date. It appears that prior to petitioner’s appointment as Jal Rakshak, one Sh. Baldev Raj had been appointed as Jal Rakshak by the concerned Gram Panchayat. Sh. Baldev Raj was removed from the services. He approached learned Labour Court-cum-Industrial Tribunal. Award was though passed in his favour, however, Gram Panchayat Sihund was granted liberty to terminate the services of said Sh. Baldev Raj in accordance with law in future. Pursuant to the award, said Sh. Baldev Raj was re-engaged in service as Jal Rakshak on 14.08.2014. His services were terminated by the Gram Panchayat on 24.12.2024. During the interregnum i.e. from 14.08.2014 till 24.12.2014, petitioner remained out of job and as a result he could not completed 240 days in the year 2014. Cause of action to seek condoning shortage of eight days in completion of 240 days of service in the year 2014 accrued to the petitioner on 17.01.2025, when Engineer-in-Chief Jal Shakti Vibhag, called for information regarding all such Jal Rakshaks who had completed twelve - 3 - years of serivice on 31.12.2024. The information was being collected in order to convert the services of Jal Rakshaks to that of Pump Attendants (contract). On coming to know that name of the petitioner was not being included in the list of Jal Rakshaks, who were to be made Pump Attendants, on account of eight days shortage in his service in the year 2014, he instituted this writ petition. 4. Petitioner has admittedly completed twelve years’ of service with 240 days in each calendar year up to 31.12.2024, save and accept the year 2014. Petitioner has shortage of just eight days in the year 2014, from completion of 240 days of service. Petitioner has justifiably explained the reasons for such shortage. Taking note of more than 240 days of service rendered by the petitioner in each calendar year, in my considered view, he has made out a case for directing the respondents to condone shortage of eight days in his service in completion of 240 days in calendar year 2014. Accordingly, this writ petition is allowed. Respondents are directed to condone the shortage of eight days in completion of 240 days of petitioner’s service in - 4 - calendar year, 2014. Consequential action be taken accordingly. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge November 20, 2025 R.Atal