MUNICIPAL CORPORATION, SHIMLA Vs. KAMALJEET

JUDGEMENT

(1.) The appellant-corporation has filed the instant Letters Patent Appeal challenging order dtd. 8/12/2022, passed by the learned Single Judge in Civil Writ Petition (Original Application) No.2823 of 2020, whereby the writ petition filed by the respondent was allowed.

(2.) Ms. Reeta Thakur, learned counsel for the appellant-corporation has submitted that the order passed by learned Single Judge is liable to be set aside as the respondent could not be regularized against the post of Clerk as he had been appointed as Peon.

(3.) On the other hand, learned counsel for the respondent has opposed the appeal and has submitted that from Annexures A-2 and A-6 (attached to the writ petition), it was evident that the respondent had been performing duties of a Clerk, although he was appointed as Peon. Hence, the respondent is liable to be regularized as a Clerk.