NANDI RAM Vs. STATE OF H P

JUDGEMENT

(1.) This petition was filed in the year 1996 in the erstwhile Tribunal which has been abolished; thereafter the petition has been transferred to this Court. The petitioner in the petition has prayed that respondents may be directed to regularize the petitioner as a clerk w.e.f. 1976 with all consequential benefits like seniority and back wages. He has also prayed that respondents may be directed to pay minimum pay scale of the clerk to the petitioner to which he is entitled on the basis of equal pay for equal work w.e.f. 1976.

(2.) The respondents have filed their reply and have contested the petition. Annexure R-II is the manday's chart of work of petitioner. There is no reason to disbelieve Annexure R-II. The perusal of Annexure R-II indicates that petitioner was engaged beldar in the year 1976 and he continued to work on various jobs upto 1990. The petitioner as per manday's chart has lastly worked as store munshi from 1985 to 1990. The petitioner has been made work-charged beldar w.e.f. 25.4.1990.

(3.) The learned counsel for the petitioner has failed to point out any Rule, Regulation, Scheme and Policy under which the petitioner is entitled to regularization as clerk w.e.f. 1976, nor it has been pointed out from unimpeachable evidence that petitioner in fact had worked as clerk w.e.f. 1976. Once the petitioner had not worked as clerk w.e.f. 1976, therefore, there is no question of payment of wages of clerk to the petitioner from 1976 onwards.