SEWAK SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner herein has filed the instant writ petition seeking a writ in the nature of Certiorari to set aside impugned order dated 04.07.2011 by which his claim for appointment to the post of Fog Machine Operator has been denied, with a prayer for issuance of a writ in the nature of Mandamus directing the respondents to consider the case of the petitioner for appointment as Fog Machine Operator, further for payment of wages of the post of Fog Machine Operator since 1991.

(2.) The petitioner joined the erstwhile Municipal Council, Bhatinda, as Safai Sewak even in May 1991. Though he had been appointed as a Safai Sewak, he was also working as Fog Machine Operator. Thereafter, he started representing for his promotion to the said post, as the Municipal Council, Bhatinda, appeared to be inclined to consider the petitioner's claim but in the absence of a regular sanctioned post, no order to this effect was passed. The Executive Officer, Municipal Council, Bhatinda, by the letter dated 18.07.2007, recommended creation of a post of Fog Machine Operator while also recommended appointment of the petitioner against that post. The petitioner approached this court by way of Civil Writ Petition No. 3529 of 2011 seeking appointment against the post of Fog Machine Operator. The writ petition was disposed of with a direction to the Municipal Council to consider creating of a post of Fog Machine Operator within a period of four months. The matter was considered and was declined by the impugned order dated 4.7.2011. Aggrieved the instant writ petition has been filed.

(3.) Mr Kapil Kakkar, learned counsel appearing on behalf of the petitioner, would contend that the petitioner has been discharging duties of a Fog Machine Operator since the year 1991 and even the Executive Officer had made a recommendation for the creation of a post and for appointment to be offered to the petitioner in the scale of Rs. 3120-5160. Having discharged the duties diligently against the said post, the petitioner would be entitled to be promoted against the post of Fog Machine Operator as well as to be paid remuneration for having done the extra work. Reliance in this regard has been placed on judgments rendered in P Grover v. State of Haryana, reported as 1983 (2) SLR 734 and Secretary-cum-Chief Engineer Chandigarh v. Hari Om Sharma and others 1998 (2) RSJ 685 and also Division Bench judgment of this Court in Union of India and others v. Central Administrative Tribunal, Chandigarh and another 2012 (1) SLR 695, wherein it has been held that an employee is entitled to the salary of the post against which he has worked.