MEGH LAL Vs. H P S E B

JUDGEMENT

(1.) THE petitioner hereinafter also referred to as the applicant filed an Original Application under Section 19 of the Administrative Tribunal Act, 1985. On abolition of the State Administrative Tribunal, the petition stood transferred to this Court and was registered as CWP(T).

(2.) BRIEFLY stated, the facts of the case as alleged by the applicant are that the respondents engaged the services of the applicant as Foreman with effect from 23.11.1988. The applicant had been working as Foreman on daily wage basis. The applicant has been made work-charge against the post of T/Mate in the scale of Rs.2720-4300 instead of making him work-charge against the post of Foreman, which order was illegal and wrong, which has been challenged by the applicant. The applicant alleged that he has completed 10 years of service with 240 days in every calendar year on daily wage basis as Foreman with the respondent Board and the act of the respondents in not confirming the services as work-charge Foreman, is against the judgment of Upadhyaya's case. Thus, he has prayed the relief that he be confirmed as Foreman on completion of 10 years of service.

(3.) LEARNED counsel for the petitioner has not been able to show that how the petitioner is entitled to be promoted against the post of Foreman and the mere fact that for some period he may have worked as Foreman on daily wage basis does not entitle him to be appointed against the post, to which he was not eligible.