High Court Orders State to Regularize Petitioner’s Employment, Warns Against Bureaucratic Delay.. Money should be recovered from officers responsible for delays..
Shimla, July 3, 2024 – In a significant ruling, the Himachal Pradesh High Court division bench of justice Vivek Singh Thakur and justice Ranjan Sharma here today has directed the State to grant a petitioner Work Charge status retroactively from April 1, 2009, up until his formal regularization on June 12, 2017.
This comes after a prolonged legal battle of a Beldar, Rashid Mohammed in which the court criticized the State's delay tactics and bureaucratic exploitation.
The court noted that despite a lapse in time and procedural delays, the merits of the petitioner's case warranted ignoring the delay.
"The claim cannot be dismissed merely on the grounds of delay and laches," stated the judgment, emphasizing that procedural delays should not hinder justice, especially when strong merit exists in the case.
The petitioner was deprived of regular employment benefits due to a gap between government policies.
This was highlighted in earlier cases such as *Mathu Ram vs. Municipal Corporation and others*, where the court ruled that previous policies remain effective until new ones are introduced, and employees should benefit from policies immediately upon meeting required conditions.
The court reprimanded the State for exploitative employment practices, such as using temporary appointments to avoid liabilities.
The judgment cited a recent Supreme Court decision, where costs were imposed on the State for engaging a litigant in unnecessary litigation.
Furthermore, the court ordered that if the State fails to confer Work Charge status and pay arrears by the specified dates, interest at 5% per annum will be applied.
This interest will be recovered from the specific officers found responsible for the delay in payment.
The High Court’s decision underscores the judiciary's stance against bureaucratic delay and its commitment to uphold the rights of employees against exploitative practices.
