Kuldip Kaur vs State of Punjab

Sabina, J.—This petition has been filed by the petitioner seeking a direction to the respondents that she be granted the pay scale of typist w.e.f. 1.6.1992 along with all consequential benefits and has challenged the order dated 7.8.1995/28.7.1995, whereby, she had been treated and posted as Mali/Beldar.

Case of the petitioner, in brief, is that she joined the respondent-corporation as a typist on 1.6.1991 on temporary basis. Petitioner was working as a Punjabi typist in the Horticulture branch of the corporation. Services of the petitioner were regularised vide Annexure P-1 dated 16.3.1993 w.e.f. 1.6.1992 as Mali/Beldar (for office type work). Petitioner continued to work as a Punjabi typist. However, vide order dated 2.12.1993 (Annexure P-2), petitioner was directed to work as beldar in the establishment branch. Vide order dated 26.6.1995 (Annexure P-3), petitioner was made to work in the first half of the day with complaint and inquiry assistant in the establishment branch. Petitioner had been performing the duties of Punjabi typist from day one. However, vide Annexure P-8, petitioner was transferred to Rose Garden Nursery by treating her as Mali/Beldar. Hence, the present petition.

Learned counsel for the petitioner has submitted that the petitioner was performing the duties of Punjabi typist from the date of her initial joining. Hence, the respondent-corporation was liable to regularise the services of the petitioner as Punjabi typist. Petitioner had suffered great prejudice as, although, she was performing the duties of Punjabi typist but was regularised as Mali/Beldar. In the list of daily wage employees working in the Horticulture branch dated 8.10.1992 (Annexure P-11), petitioner was described as typist/clerk.

Learned counsel for the respondents, on the other hand, has submitted that the petitioner was initially working on daily wage basis as Mali/Beldar. Services of the petitioner were regularised as Mali/Beldar. The said fact was evident from the service book of the petitioner. In fact, petitioner had submitted her joining report Annexure R-3/4 after she was regularised as Mali/Beldar. In the order Annexure P-1 also it had been mentioned Mali/Beldar, whereas, petitioner herself had added word office typist for office type work. The correct copy of the letter dated 16.3.1993 was Annexure R-3/7. Learned counsel has further submitted that the post of Punjabi typist was sanctioned by the Government but no appointment had been made by the corporation. The post could be filled up only by adopting proper procedure. It is only due to mutual consent and convenience in the office, petitioner was assigned some duties to be performed in the office.

Case of the petitioner is that she was working as a Punjabi typist with the respondent-corporation but had been regularised as Mali/Beldar. However, a perusal of Muster Roll for the month of December 1991 (Annexure R-3/1) reveals that the petitioner had been described as Mali/Beldar. Similarly in the Muster Roll for the month of February 1992, presence of the petitioner had been marked as Mali. Petitioner had received salary vide Annexure R-3/1 and R-3/2 as Mali/Beldar. A perusal of Annexure R-3/3 reveals that services of the petitioner were regularised as Mali/Beldar, although, she had been shown as typist in the list. As per Annexure R-3/7, services of the petitioner were regularised as Mali/Beldar w.e.f. 1.6.1992. In pursuance to the said order, petitioner submitted her joining report Annexure R-3/4, wherein, it had been mentioned that she had been regularised w.e.f. 1.6.1992 on the post of Mali/Beldar and was submitting her joining report. Thus, the petitioner submitted her joining report as regular Mali/Beldar. As per the service book of the petitioner placed on record as Annexure R-3/5 and R-3/6, petitioner was confirmed as Mali/Beldar.

Thus, in the present case, it is evident that the petitioner was regularised as Mali/Beldar. It is possible that at times she might have been made to work in the office as per convenience/requirement of the corporation. However, petitioner cannot be granted the relief claimed by her as she had not been appointed against the vacancy of Punjabi typist. No ground for interference by this Court is made out.

Dismissed.