KULDIP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.