BHAGWAN Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) In the present writ petition the petitioner prays for a direction to the respondents to pay the salary of Clerk/Cheque Writer to the petitioner w.e.f. 11.9.1978 and also for regularisation of his services to the post of Clerk/Cheque Writer with all consequential benefits.

(2.) The petitioner was appointed to the post of Rat Gang Coolie on 11.9.1978. On 14.9.1984 the respondent passed an order for regularising the services of the petitioner against the post of Rat. Gang Coolie. It is alleged in the petition that in addition to his duties as Rat Gang Coolie the petitioner is performing the duties of Clerk/Cheque Writer from the very beginning and on 28.2.1986 the respondents approved the proposal for services of the petitioner to work on the post of Cheque writer/Clerk in the diverted capacity. It is alleged that the petitioner continued to work as such and accordingly he submitted a representation to the respondents for giving him regular promotion to the- post of -Lower Division Clerk as he lias fulfilled all the eligibility criteria for the post of Lower Division Clerk. It 'is also stated that although the petitioner has been working as LDC he is not being given regular promotion nor the pay scale attached to the said post and hence the present petition.

(3.) The counsel appearing for the petitioner submitted before me that 'since the petitioner has been working in the post of Clerk/Cheque writer for the last 21 years he is not only entitled to the salary in the higher pay scale of the said post but is also entitled for regularisation in the said post from the date of his engagement, i.e. 11.9.1978. In support of his contention the learned counsel relied upon- the decision of the Supreme Court in the case of Selvaraj Vs. Lt. Governor of Island, Port Blair , reported in (1998) 4 SCC 291.