Himachal Pradesh High Court
In I &Ph Division Padhar vs The State Of Hiamchal on 13 August, 2021
Bench: Sureshwar Thakur
Reportable
Reserved on:- 11th August, 2021.
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
ON THE 13th DAY OF AUGUST, 2021
BEFORE
.
HON'BLE MR. JUSTICE SURESHWAR THAKUR
CIVIL WRIT PETITION (ORIGINAL APPLICATION)
No. 7259 of 2019.
Between:-
PIYAR CHAND SON OF
SHRI SANT RAM, RESIDENT OF
BALAKRUPI, P.O. JALPEHAR,
TEHSIL JOGINDERNAGAR,
DISTRICT MANDI, H.P.,
PRESENTLY WORKING AS
AS A WATER WORKS CLERK/
IRRIGATION BOOKING CLERK
IN I &PH DIVISION PADHAR,
DISTRICT MANDI, HP.
....PETITIONER.
(BY A.K. GUPTA, ADVOCATE)
AND
1. THE STATE OF HIAMCHAL
PRADESH THROUGH ITS
PRINCIPAL SECRETARY (I&PH)
WITH HEADQUATERS AT
SHIMLA-2, H.P.
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...2...
.
2. THE ENGINEER-IN-CHIEF, I&PH
WITH HEADQUATERS AT U.S.
CLUB, SHIMLA-1.
3. THE SUPERINTENDING
ENGINEER, I&PH, CIRCLE
SUNDERNAGAR, DISTRICT
MANDI, H.P.
4. THE EXECUTIVE ENGINEER,
I&PH DIVISION, PADHAR,
DISTRICT MANDI, H.P.
5. THE SECRETARY (FINANCE) TO
THE GOVERNMENT OF
HIAMCHAL PRADESH, SHIMLA-
2.
....RESPONDENTS.
(BY MR. ASHWANI SHARMA,
ADDITIONAL ADVOCATE
GENERAL )
This petition coming on for orders this day, the Court
passed the following:-
JUDGMENT
...3...
.
Through an office order, borne in Annexure P-1, the
daily wage service of, the, petitioner as Irrigation Book Clerk became
reqularised w.e.f. 1.1.1994. Since, the respondent contends that the
services of the writ petitioner became regularized, as, Irrigation
Booking Clerk (Patwari) w.e.f. 1.1.1994, thereupon, they contend that
r to
the petitioner's designation is co-equivalent to that of a junior
technician. They further contend, that the benefits of enhanced pay
scale and grade pay as spelt in Annexure R-1, vis-a-vis, any Junior
Technician, and, as became purveyed to the writ petitioner, is/are,
tenable and legally infallible.
2. Even though, the respondents in their reply to the writ
petition, did not contest that the services of the writ petitioner,
became regularized as Irrigation Booking Clerk, w.e.f. 1.1.1994, yet
they contend that the regularization of the writ petitioner, was made,
against the post of Irrigation Booking Clerk (Patwari), and, that his
services were not regularised as a Complaint Clerk. However, the
afore created confusion with respect to the designation of the post,
whereagainst the writ petitioner became regularized hence
...4...
.
uncontro-vertedly w.e.f. 1.1.1994, inasmuch, as, whether he became
regularised as Clerk or as Irrigation Booking Clerk (Patwari), rather
does become completely evaporated from a closest discerning being
made from Annexure P-1. Annexure P-1 is an order of regularization
of the writ petitioner, wherein rather a recital is carried, that the
Irrigation Booking Clerk.
services of the writ petitioner became regularised against the post of
Therefore, the bracketed addition thereto
of (Patwari) by the respondents to his post of Irrigation Booking
Clerk, and, to hence draw parity inter se the afore, with that of any
Junior Technician, and, consequently to deprive him, from the benefit
of escalated pay scale and grade pay, as available to Clerks, post
whereof becomes carried in Column No.15 of Annexure R-1, rather
is a palpable sheer contrivance and a stratagem deployed, by the
respondents, to rid of all legal effects, the uncontested narrations,
carried in Annexure P-1, and, the ones carried in column No.15 of
Annexure R-1, wherein, vis-a-vis, Clerks, an escalated pay band, and,
also escalated grade pay becomes prescribed.
...5...
.
3. Therefore, this Court discoutenances, the stand in
opposition as projected by the respondents, to the writ claim.
Contrarily this Court orders that the writ petitioner be construed to be
a Clerk on the Regular establishment of the respondents. In sequel,
this Court directs that the benefits as occur in column 15 of Annexure
r to
R-1, be purveyed to the petitioner w.e.f. from 27.09.2012, uptil now,
along with leviable interest thereon, rather by the respondents.
Consequently, the writ petition is allowed. All pending applications
also stand disposed of.
(Sureshwar Thakur)
Judge
13th August, 2021.
(jai)
