SHER SINGH Vs. HPSEB

JUDGEMENT

(1.) The application Is against non payment of wages of daily rated Clerks and alike to the applicant for performing the duties of clerk against which he has actually worked despite the fact that persons junior to him have been regularized.

(2.) The facts in the OA briefly stated are that the applicant was employed as daily wages beldar in the year 1979, but he was assigned the duty of Clerk as is evident from the list annexed with letter dated 17.3.1986 submitted to the higher authorities, copy where of is annexure A -1. The applicant being similarly situated person as petitioner allowed benefit in CWP 647/84 titled Tirath Raj and others Vs. HP. State Electricity Board and others.

(3.) The applicant made representation to the respondents vide application dated 2.1.1988, followed by reminders Annexures A -5 to A -10 that he may be paid the daily wages of Clerk as per notification dated 20.11.1987 Annexure A -2. He was informed that the concerned record for the period in question has been transferred to the Resident Engineer, Bassi Power House Division, Jogindernagar, thus he was advised to take up the matter with the concerned office Accordingly he submitted representation annexure A -6 dated 11.3.1988. However, his claim was not accepted on the ground that it is not based on facts. The applicant, therefore, claimed wages on the principle of equal pay for equal work. He has therefore, sought the following reliefs: (a) To set aside the order dated 20.Z 1993 (Annexure A -21). (b) To direct the respondent Board to pay the wages of daily rated clerks to the applicant from the date of his initial appointment i.e. the date from which he has been performing the duties of Clerk or the alike though employed as daily rated beldars on Muster rolls. (c) To direct the respondents to pay the arrears of wages as has been done in respect of similarly situated persons in the light of the directions of the Honble Court in the case of Shri Tirath Raj and others verses HPSEB and ors. And to give the applicant the same relief to which he is entitled to as a result of the said judgment and subsequent order of the Honble Supreme Court. (d) To regularize the services of the applicant with effect from the date persons junior to him have been regularized with all consequential benefits. (e) That the respondents may be burdened with the costs of this application. (f) That the respondents may be directed to produce the entire record pertaining to t he case, including the seniority list maintained by them in respect of the daily rated workmen including the applicant (g) Any other order deemed just and proper m the facts and circumstances of the case may also be passed in favour of the applicant and against the respondents. (h) The application may kindly be allowed with costs through."