Narbada Devi vs State of H.P. and Others

V.K. Sharma, J

The petition has been filed for grant of the following substantive reliefs vide para 7(i), (ii) and (iii):

7(i) The Respondents 1 to 3 may be ordered to appointthe applicant as clerk with effect from the Respondents 4 & 5 have been appointed.

(ii) The seniority of the applicant be maintained above the Respondents 4 & 5.

(iii) The Respondents be also directed to pay the arrears of the higher pay from the same date. The arrears of wages of higher daily may also be paid from 1.7.93 to 31.12.97.

In the reply, on behalf of Respondents No. 1 and 2, the following stand has been taken vide paras 2 and 3 of preliminary submissions:

That prior to the applicant''s regularisation as Peon (Library Attendant) she was working in Municipal Council, sundernagar as daily rated Beldar on Muster Roll on the job of Library Attendant in the Municipal Library, sundernagarand accordingly on the basis of information furnished by the Executive Officer of Respondent No. 3 on 21.01.1998 her regularisation as Peon(library Attendant) was approved by the replying Respondent on 23.2.1998 as per Annexure R-1 being annexed to this reply. The applicant was neither appointed to work as daily waged clerk under any written orders from the competent authority nor she ever has been paid or drawn the wages of daily wage clerk. Thus the applicant has no right to claim her regularisation as Clerk in Municipal Council, Sundernagar when she was never appointed on the post of daily waged Clerk. The fact of her working as daily rated Beldar canbe verified by this Hon''ble Tribunal from the copies of Muster Rolls maintained by the Respondent No. 3. Thus this O.A. is not based on facts which may kindly be dismised in the interest of justice.

That initially the Respondents No. 4 & 5 were also engaged as daily rated Beldams but subsequently the work of clerk was extracted from them by the M.C. Sundernagar. Both these Respondents filed C.W.P.s No. 790/93 and 189/93 before the Hon''ble High Court during the year 1993 and through interim orders dated 22.6.1993 and 05.01.1994 they have been allowed the wages of Rs. 54-00 paise and Rs. 57-75 paise per day against the posts of Clerks i.e. 01.07.1993 and1.1.1994 respectively. Accordingly they continued to work as Daily rated Clerks and continued to draw the wages of the daily waged Clerks, therefore, their daily waged services were considered as clerk i.e. 20.06.1986 & 21.7.1987 respectively and as per the policy of State Govt. they have been ordered to be regularised as Clerks i.e. 1.1.1998 by the replying Respondent as per Annexure R-1 being annexed to this reply. Thus the applicant has no right to challenge the regularisation of Respondent No. 4 and 5 and, therefore, this O.A.is not maintainable which may kindly be ordered to be dismissed in the interest of justice.

In view of the above reply, in case the Petitioner still has any surviving grievance with regard to the factual and legal position, it will be open to her to approach Respondents No. 1 to 3/competent authority alongwith copy of this judgment within a month, in which case the said Respondent will look into the matter and take appropriate action in accordance with law and justice and appropriate orders thereon shall be passed within next three months.

In view of the above, the petition stands disposed of.