PURAN CHAND Vs. STATE OF HP

JUDGEMENT

(1.) THE petitioners have filed the writ petition with the following prayers:- (i) In view of the facts stated in para 6(i) to (xiv) and (a) to (f) above, it is humbly prayed that the respondents may be directed to treat the Applicants as Supervisors for all intents and purposes. (ii) That the applicants may kindly be paid their wages as Supervisors from 31.12.1994 onward as allowed earlier, till the date of their regularization. (iii) That the applicants may kindly be regularized as `3120-5200 Supervisors in the pay scale of instead of 2520-4140 allowed to them as Mazdoors.

(2.) THE Corporation has taken the stand in the reply that there are no sanctioned posts of Supervisors and the claim of the petitioners cannot be in any way considered. According to the petitioners, the corporation had already passed a resolution to upgrade 50% of the posts of mates as Supervisors and a decision is to be taken by the government. THE learned counsel appearing for the private respondents submits that even if 12 posts are upgraded, the benefit should be given to the mates and not to the petitioners. Without going into the merits of the case at this stage since that issue is lying with the government for decision and once the government takes a decision to upgrade 12 posts of supervisors then the question will be decided as to who should get the benefit of the upgraded posts, this writ petition is disposed of as follows:- THEre will be a direction to first respondent to take a final decision in the matter if not already taken on the resolution of second respondent- corporation to upgrade 50% posts of mates as supervisors. THE needful as above shall be done within a period of four months from the date of receipt of copy of this judgement. THEreafter, it will be open to the second respondent to take appropriate action after considering the rival contentions of both the groups in another two months subject to the decision of the government. We make it clear that we are not adverting to the contentions of the parties and all those contentions are left open to be agitated at the appropriate stage before the appropriate authority.