JAI PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was engaged as daily paid (literate) with respondent-department after he obtained his B.A. Degree, in the month of October, 1990. The case of the petitioner, in a nutshell, is that though he has been appointed as daily waged worker, however, he had been working and discharging the duties of Typist-cum-Clerk from the very beginning. The petitioner has placed on record Annexures A-2 dated 21st August, 1983, A-3 dated 18th August, 1993 and A-4 dated 4th March, 1997 whereby the details of the duties discharged by the petitioner as Typist-cum-Clerk have been provided. A bare perusal of these Annexures reveals that though the petitioner was appointed on daily wage worker, but he had been working and discharging the duties of Typist-cum-Clerk. The petitioner has been paid the wages of daily waged worker instead of being paid the wages of Clerk as per Annexures A-5 and A-6. The respondents have not placed any tangible evidence on record to rebut Annexures A-2, A-3 and A-4.

(2.) Accordingly, in view of the observations made hereinabove and taking into consideration the fact that the petitioner had worked as Typist-cum-Clerk from October, 1990, he is entitled to the wages payable to the Clerk as per Annexures A-5 and A-6.

(3.) Consequently, the petition is allowed. Respondents are directed to release and pay the petitioner the wages of Clerk with effect from October, 1990 till he has worked as Typist-cum-Clerk as per Annexures A-5 and A-6, within a period of three months from the date of production of certified copy of this judgment by the petitioner. The pending application(s), if any also stands disposed of. There shall be no order as to costs.