SH. RAJINDER KUMAR, S/O SH. RAMNEEK SINGH, R/O VILLAGE JAMRELA, P.O. GANDHI GRAM, TEHSIL BAIJNATH, DISTRICT KANGRA Vs. THE STATE OF HIMACHAL PRADESH THROUGH SECRETARY (PWD) GOVT. OF HIMACHAL PRADESH, SHIMLA,

JUDGEMENT

(1.) THE petitioner filed an Original Application before the erstwhile H.P. State Administrative Tribunal. On the abolition of the Tribunal, the said Original Application was transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008 and registered as CWP(T) No. 11484 of 2008. The petitioner by means of this petition has sought various reliefs but at time of hearing Mr. Ranjan Sharma, learned counsel for the petitioner, only pressed reliefs (i) and (ii) which read as follows: -

(2.) THE petitioner in his petition has stated that since he was a matriculate, knew typing and was eligible to work as Clerk, respondent No. 4 passed a direction in December 1997 whereby the petitioner, who was holding regular post of Beldar, was deputed to and asked to perform the duties of Clerk. In para 6(xiv), the petitioner has given details of the files, which he dealt with as Clerk w.e.f. December 1997 to 28th February, 2004. He has even given the details of some files after 2004 but it is apparent that after 2004 he was not doing only clerical work.

(3.) CONSEQUENTLY , the petition is allowed to the limited extent that the petitioner shall be entitled to salary of Clerk w.e.f. 1st December, 1997 to 28th February, 2004. The difference between the salary received by the petitioner and salary payable to the Clerk shall also be paid to him latest by 31st July, 2012, failing which the State shall be liable to pay interest at the rate of 9% per annum right from the year 1997 till date. With these observations, the writ petition is disposed of. No costs