THE STATE OF HIMACHAL PRADESH & ANR. versus PINJU RAM ETC.

Citation: [2019] 2 S.C.R. 601 · Decided: 22-01-2019 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Appeal(s) allowed

Judgment (excerpt)

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601
THE STATE OF HIMACHAL PRADESH & ANR.
v.
PINJU RAM ETC.
(Civil Appeal Nos. 898-900 of 2019)
JANUARY 22, 2019
[DR. DHANANJAYA Y CHANDRACHUD AND
HEMANT GUPTA, JJ.]
Service Law – Regularization of part time employees with
consequential benefits – The High Court in Moti Singh case
specifically held, while directing the consideration 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 purpose of regularization after completion of ten years –
Pursuant thereto, State Government issued instructions on
22.09.2011, inter alia, governing Revenue Chowkidars – However,
first respondent filed writ petition and sought grant of daily wage
status with consequential benefits, which was granted by the High
Court – On appeal, held: Direction of the High Court was
inconsistent with the observations of the High Court itself in Moti
Singh case – The policy dated 22.09.2011 essentially adopted the
principle adopted in Moti Singh case by the High Court – The
communication dated 22.09.2011 of the State Government in the
Department of Revenue specifically spoke of the conversion of part
time revenue chowkidars to daily wage status – Thus, 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 circumstances, the High Court ought not to have
issued a direction for the payment of consequential monetary
benefits.
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.
[2019] 2 S.C.R. 601
601
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602                    SUPREME COURT REPORTS            [2019] 2 S.C.R.
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
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
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
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
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 st

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