Court Rules in Favor of Veena Devi, Directs State to Reassess Her Absorption Under 2017 Policy
In a recent judgment, the Himachal Pradesh High Court has directed the state government to reconsider the case of Veena Devi, an employee serving under the e-Governance Society, for absorption into a regular position within the Deputy Commissioner's office. The decision comes after the court found merit in Veena Devi's petition challenging the rejection of her absorption due to earlier lack of requisite qualifications.
Veena Devi, who has been working as a Peon in the establishment of the Deputy Commissioner in Kangra since 2002, had her initial application for absorption rejected in 2020. The rejection was based on her not meeting the requisite qualifications at the time, as outlined by the government policy decision dated March 6, 2017. However, Devi has since acquired the necessary qualifications and approached the court for redress, pointing out that other similarly situated employees had been absorbed under the same policy.
Justice Sandeep Sharma, presiding over the case, noted that the government policy allowing absorption had not been withdrawn and that the petitioner now meets the qualifications required for the position. The court observed that denying her absorption when others with similar circumstances were absorbed was unjustified.
In his ruling, Justice Sharma directed the state respondents to reconsider Devi's case in light of the 2017 policy, without being influenced by the previous rejection based on qualifications. The court has mandated that the process be expedited, with a resolution expected within four weeks.
This decision highlights the court's commitment to ensuring fairness and equality in the implementation of government policies, particularly concerning employment and absorption of long-serving contractual employees. Veena Devi’s case underscores the importance of upholding policy decisions consistently and fairly, especially when new qualifications are acquired by employees seeking regularization of their services.
Bottom Line:
Absorption of employee serving under e-Governance Society - Petitioner entitled to absorption against the post in question upon fulfilling requisite qualification, as similarly situated persons have been absorbed in terms of policy decision.
Statutory provision(s): Policy decision by Government of Himachal Pradesh dated 06.03.2017, Recruitment & Promotion Rules.
Veena Devi v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2818360
