IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2925 of 2021 Date of Decision: 12.11.2025 _____________________________________________________________________ Mohan Lal ……...Petitioner Versus HPSEBL & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Balwant Singh Thakur, Advocate. For the respondents: Mr. V.S. Kanwar, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main reliefs: “(i) That a writ in the nature of certiorari may kindly be issued and impugned orders i.e. Annexure P-2, Annexure P-8 and Annexure P-11 may kindly be quashed and set aside being contrary to law and against the service jurisprudence. (ii) That a writ in the nature of Mandamus may kindly be issued and respondent Board may kindly be restrained from giving Fictional Breaks to the petitioner and petitioner may kindly be allowed to work in respondent Board as he is working since 26.09.2002. (iii) The respondents may kindly be directed to regularize the services of the petitioner and to grant all consequential benefits to him.” 2. Careful perusal of reply filed on behalf of the respondents clearly reveals that petitioner has been working on daily wage basis w.e.f 09.04.2010 till date with 240 days in each calendar year, if it is so, prayer made on his behalf for regularization, after his having completed eight years service, in terms of Policy of Regularization promulgated by the Government of Himachal Pradesh, deserves to be allowed. 3. By way of filing reply, respondents have attempted to refute the claim of the petitioner that in the year 2014, petitioner had filed CWP No.297 of 2014, praying therein for issuing direction to the respondents to regularize the services of the petitioner, but subsequently, such writ petition was withdrawn by him. Since it is not in dispute, rater stands admitted in the reply filed by the respondents that in afore writ petition, petitioner had assailed office letter dated 20.01.2014, whereby decision was taken to terminate the services of the petitioner and this Court, while passing interim order, had stayed aforesaid order, coupled with the fact that after withdrawal of the afore petition, no steps were ever taken by the respondents to disengage the petitioner, rather till date he is still continuing with the respondent- department, rightful claim of the petitioner for regularization, after his having completed eight years service with 240 days in each calendar year, cannot be permitted to be defeated. 4. Though in the instant case, pleadings adduced on record qua parties reveals that petitioner was initially appointed as 2 Cleaner/Conductor on 26.09.2002 by the respondents-board, pursuant to approval given by the competent authority. With effect from 10.04.2010, his services were brought on muster roll and since then, he is still continuing to serve the department, but in daily wage capacity. In the year 2013, petitioner filed CWP No.7345 of 2013, titled as Mohan Lal Vs. HPSEB & Others, for regularization of his services, but same was withdrawn on the basis of assurance given by the respondent-department that his services shall be regularized, which fact is evident from the information received by the petitioner under Right to Information Act, which reads as under: “To The Chief Engineer (Op) South, HPSEB Ltd. Vidyut Bhawan, Shimla-171004. Sub:- Scrutinizing the particulars of daily wages workers who have completed 5 (Five) years service as on 31.03.2018. Ref:- Executive Director(Pers.) HPSEBL Shimla-4 office letter No.HPSEBL (SECTT)/DDP/369-1/Vul-VII (Regular) 2018-19363-425 Dated:31.03.2018 Sir, Kindly refer to your office letter No.CEO/1-32/2018:- 3478-82 dated 24.05.18 on the subject captioned above. The screening and verification of the particulars of daily wages workmen who have completed 5 years as on 31.03.2018 engaged in the Divisions under this Circle was conducted by the committee constitute for the purpose. The Divisions wise report is therefore submitted on prescribed proforma for taking further necessary action at your end please. DA:- As above. Yours faithfully, (Er.Pankaj Dadwal) Chairman, Screening Committee- 3 cum-Deputy Chief Engineer, Operation Circle, HPSEBL, Shimla-171009 Copy to the Executive Directors (Pers) HPSEBL. Shimla-4 along with screening report with reference to his office letter. No. referred to above for information and taking further necessary action please. DA:- As above. (Er.Pankaj Dadwal) Chairman, Screening Committee- cum-Deputy Chief Engineer, Operation Circle, HPSEBL, Shimla-171009 “Choice Particulars in respect of daily wages worker presently working under electrical division No.I I HPSEBL, Shimla-9 No. Name & Fathers Name with Designation Date of Birth Date of deployment on D/Waged Basis Whether completed 5 years as on 31.03.2017 Qualificati on Acad./ Tech. Present place of posting Whether Genl. Sc/ST/OB C/Ex- S.Man etc. Whether any Court case pending or not undertaking the obtained from the worker duly counter signed by the DDO Remarks 1 2 3 4 5 6 7 8 9 10 11 1. Shri Mohan Lal, Cleaner S/o Shri Prem Chand 23.04.1 979 09.04.2010 08.04.2015 Middle - E.D. No.II HPSEB Ltd. Shimla,9 General Court case pending Engage on daily wage basis with the approval of Secretary HPSEB Shimla-4 vide office letter No. HPSEB (SECTT/PO -321-35- CEOS (Cleaner)/20 08-31-32 dated 09.04.2010 Certified that service particulars of the applicant have been verified and found correct as per record and recommended to bring on regular/work charge cadre. (Smt. Suman Lata Thakur) (Er. Bishehwar Sharma) (Er. Pankaj Dadwal) Member of Screening Member of Screening Chairman of Screening Committee- cum-Section Committee-Addl. Committee-cum-Deputy Officer, Operation Circle Superintending Engineer Engineer, Operation HPSEBL, Shimla-171009 Electrical Division No.II, Circle, HPSEB Ltd. HPSEB Ltd.Shimla-171009 Shimla-9 4 5. It is apparent from the perusal of afore communication that though screening and verification of the particulars of daily wages workmen, who have completed five years as on 31.03.2018 engaged in the Divisions under the Operation Circle, HPSEBL, Shimla, was conducted by the committee constitute for the purpose, but since at relevant time, CWP No.7345 of 2013 filed by the petitioner for regularization was pending, his prayer for regularization was not considered. 6. Leaving everything aside, since it is not in dispute that petitioner has been continuously working with the respondents on daily wage basis w.e.f 09.04.2010, as is evident from the reply filed by the respondents and he has completed more than 15 years on daily wage basis, prayer made on his behalf for regularization deserves to be allowed. It also emerges from the communication (Annexure P-12) that persons junior to the petitioner were regularized on 17.05.2018, but at that juncture, rightful claim of the petitioner for regularization was ignored for no justifiable reasons. 7. Consequently, in view of the above, present petition is allowed and respondents are directed to regularize the services of the petitioner from the date his juniors were regularized i.e. on 17.05.2018 and if posts are not available, petitioner be regularized against personal post on “as is where is” basis as has been done by the 5 respondents earlier vide order dated 17.05.2018 (Annexure P-12). Since it is not in dispute that petitioner had been continuously rendering his services in the department, may be in the capacity of daily wage service, he shall be entitled to all consequential benefits. Having taken note of the fact that petitioner has been fighting for his rightful claim for quite long, this Court hopes and trusts that needful shall be done expeditiously, preferably within four weeks from today. Pending application(s), if any, stand disposed of. November 12, 2025 (Sandeep Sharma), (sunil) Judge 6