NIRMALA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) MATERIAL facts necessary for adjudication of this petition are that the petitioner was engaged on daily wages basis as Beldar in the respondent -department with effect from 2.11.1987.

(2.) THE case of the petitioner, in a nutshell, is that though she has been appointed as Beldar on daily wages basis, however, she has been performing the duties of Typist/Clerk. She has placed on record two certificates issued on 23.6.1989 and 28.2.1991 vide Annexures A -2 and A -3. She approached this Court by way of CWP No.1002 of 1992 claiming the wages of the post of Clerk. The writ petition was disposed of by this Court on 21st March, 1996. The operative portion of the judgment reads thus: - For the reasons stated above, we hold that the writ petitioner is entitled to get daily wages of a Typist with effect from 28.2.1991 as per the rates notified by the State Government from time to time. The arrears shall be paid within a period of three months from today and the current shall be paid regularly so long the writ petitioner continues to work as a Typist. -

(3.) MR . H.K. Paul, learned counsel for the petitioner has argued that the petitioners services were required to be regularized as Clerk and not as a Peon. Mr. Anil Jaswal, learned Deputy Advocate General has supported the decision of the State Government whereby the petitioner has been regularized as Peon.