RAM DASS Vs. H.P. STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PRESENT Civil Writ Petition filed under Article 226 of the Constitution of India. Brief facts of the case as pleaded are that petitioner was initially appointed as T -mate in HP State Electricity Board w.e.f. 6.1.1998. It is pleaded that thereafter petitioner is performing his duties to the best satisfaction of his superiors. It is further pleaded that respondent -Board asked the petitioner to perform the duties of Clerk w.e.f. 30.9.2002. It is further pleaded that since then the petitioner is performing duties of Clerk with respondent -Board. It is further pleaded that duty of Clerk is of higher nature and the pay scale of Clerk is also higher than that of T -mate. It is further pleaded that petitioner is performing higher duty but despite performing higher duty by petitioner respondent -Board did not pay salary for higher duty and pay the salary of lower scale of T -mate to petitioner. It is further pleaded that cadre of the petitioner be change to the ministerial cadre by treating him as Clerk w.e.f. 30.9.2002 from which date he is performing the duties of Clerk. It is further pleaded that salary of Clerk to the petitioner be paid w.e.f. 30.9.2002 with all consequential benefits along with interest @ Rs. 12% per annum. Prayer for acceptance of writ petition sought.

(2.) PER contra reply filed on behalf of respondent -Board pleaded therein that post of T -mate is Class -IV (Technical) and post of Clerk is Class -III (Non -Technical). It is further pleaded that as per Recruitment and Promotion Rules the post of Clerk is to be filled by direct recruitment from amongst the persons possessing academic qualification 10+2 with 2nd Division. It is further pleaded that petitioner was appointed as T -mate w.e.f. 6.1.1998 and due to shortage of clerical staff as a stop gap arrangement the petitioner has temporarily been assigned the duty of billing Clerk and he is performing the duty of Clerk till date. Prayer for dismissal of writ petition sought.

(3.) FOLLOWING points arise for determination in the present writ petition: