RAVINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

(2.) The case of the petitioner is that he was engaged as a daily wager by the respondent-Department on 1/7/1986 and he was assigned the work of a Receptionist w.e.f. 30/9/1983. The petitioner was considered for conferment of work charge status as a Beldar on 1/4/1998, instead of the post of Receptionist. Feeling aggrieved by the fact that the services of the petitioner were not regularized against the post of Receptionist, which was the higher post, work of which was performed by him, the petitioner preferred CWP(T) No. 6549 of 2008 titled Ravinder Kumar versus State of Himachal Pradesh and another, which was decided by the Hon'ble Division Bench of this Court, vide Judgment dtd. 18/8/2010 (Annexure P-1), by holding as under:-

(3.) In compliance thereto, the respondent-Department issued Annexure P-2, an office order which reads as under:- "Consequent upon the order passed by the Hon'ble High Court of H.P. on dtd. 18/8/2010 in CWP(T) No.6549 of 08 and further approval received from Engineer-in-Chief, HPPWD, Shimla-2 vide his office letter No.PWE-133 (Court Case) ES-III/-11689-93 dtd. 12/12/2011 and further clarification received from the Engineer-in- Chief, HPPWD Shimla-2 office letter No.PWE-133 (Court Case) ES-III-12076-77 dtd. 1/10/2012 and Executive Engineer, Shimla Division No.II, HPPWD, Shimla-4 office letter No.SD-IICB-Estt- 4/12-12066 dated 16-102012 on the basis of screening report of the Executive Engineer, Shimla Division No.II, HPPWD, Shimla-3 received in this office vide his office letter No.SD-II-CB-Estt.DW. Seniority/12-20903 dtd. 16/2/2012, Sh. Ravinder Kumar, S/o Sh. Jia lal, presently working in the office of Executive Engineer Shimla Division No.II, HPPWD, Shimla-4, is hereby regularized as receptionist in the pay scale of Rs.5910.0020200+1900 GP Class-III Non-Gazetted w.e.f. 30/12/2006 i.e. from the date of his immediate junior has been regularized on the said post with all consequential benefits so admissible from said date. Therefore, his earlier appointment as Beldar so made by this office fide Executive Engineer, Medical college, HPPWD Shimla-3 office order No. PWMCD-E DW/99-2000-9637-42 dtd. 21/3/2000 shall now stand withdrawn and the excess pay/emoluments so drawn by him w.e.f. 1/4/1998 as Regular Beldar till his regularization as Receptionist minus wages of Receptionist for said period is liable to be recovered in accordance with law from his within next three years in equal installments after re- fixing the pay as Receptionist. Other terms and conditions are as under:-