IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8275 of 2023 Date of Decision: 22.12.2025 _____________________________________________________________________ Jaspal ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Hirdaya Ram, Advocate. For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents-State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Precisely, the claim of the petitioner, as has been put forth in the petition and further canvassed by Mr. Hirdaya Ram, learned counsel representing the petitioner, is that petitioner herein ought to have been regularized after his having rendered more than four years of service on daily wage basis in light of notification dated 30.04.2023 (Annexure P-8). However, in his case, he was regularized after four years and nine months. 2. Precisely, the facts of the case, as emerge from the pleadings adduced on record by the respective parties are that petitioner herein was appointed as Part Time Water Carrier on 22.08.2009 and in afore capacity, he worked till 12.08.2018 i.e. 8 years, 11 months and 21 days. On 13.08.2018, services of the petitioner were converted to daily wage basis. With effect from 13.08.2018 to 29.05.2023, petitioner worked on daily wage basis i.e. 4 years, 9 months and 16 days. Vide notification dated 30.04.2023 (Annexure P-8), Government of Himachal Pradesh decided that services of the daily wage/ contingent paid workers in all departments, who have completed four years of continuous service (with a minimum of 240 days in a calendar year except where specified otherwise for the tribal area) as on 31.03.2023, may be regularized only against the vacant post in the respective department. 3. In the instant case, petitioner though had completed four years on 12.08.2022, but his services came to be regularized vide order dated 30.05.2023 after his having rendered more than 4 years, 9 months and 16 days daily wage service. Similarly, this Court finds that in terms of Policy decision dated 24.05.2021 (Annexure P-2), petitioner herein, who was initially appointed as Part Time Water Carrier on 22.08.2009, ought to have been converted to daily wage after his having completed eight years of continuous service as on 31.03.2021 and 30.09.2021. Though petitioner herein completed eight years of Part Time service on 22.08.2017, but yet afore benefit came to be extended to him after his having rendered more than 8 years, 11 months and 21 days of service. 2 4. Pursuant to notices issued in the instant proceedings, respondents No.1 to 5 have filed reply, wherein facts, as have been noticed hereinabove, have been not disputed, rather an attempt has been made to refute the claim of the petitioner on the ground that his services were converted to daily wage on 13.08.2018 and he was subsequently regularized as Peon (Class-IV) on 30.05.2023 in terms of judgment passed by Coordinate Bench of this Court in CWPOA No.147 of 2019, titled as Babu Ram Vs. State of Himachal Pradesh & Ors. 5. Since it is apparent from the pleadings adduced on record by the respective parties are that petitioner had completed eight years of service as Part Time Water Carrier on 22.08.2017, his services ought to have been converted to daily wage w.e.f 13.08.2017. However, in the instant case, services of the petitioner were converted to daily wage w.e.f 12.08.2018 i.e. after 8 years, 11 months and 21 days. In case services of the petitioner were converted from part time to daily wage w.e.f 22.08.2017, he would have otherwise become eligible for regularization in terms of Policy of Regularization in the year 2022. However, in the instant case, petitioner has been regularized w.e.f 30.05.2023 after his having rendered more than 5 years, 9 months and 16 days of service. Though Policy of Regularization, 2022, framed by the Government of Himachal Pradesh further came to be amended in the year 2023, whereby it was decided that daily wage employee, 3 who have completed four years daily wage service, shall be regularized. However, in the instant case, Policy of Regularization, 2022, would apply in the case of the petitioner for the reason that he had become eligible for regularization prior to promulgation of Policy of Regularization, 2023. 6. Consequently, in view of the above, this Court finds merit in the present petition and accordingly, the same is allowed with a direction to the respondents to grant the benefit of conversion of the services of the petitioner along with consequential benefits from part time to daily wage w.e.f 23.08.2017 instead of 12.08.2018 and thereafter, five years of daily wage service be counted from afore date till completion of five years i.e. 24.08.2022, meaning thereby, petitioner shall be deemed to have been regularized w.e.f 24.08.2022 along with all consequential benefits. Needful, in terms of directions contained in the afore order, shall be done by the respondents expeditiously, preferably within eight weeks from today. Pending application(s), if any, stand disposed of. December 22, 2025 (Sandeep Sharma), (sunil) Judge 4