CHURA MANI Vs. HPSEB

JUDGEMENT

(1.) Both these writ petitions are being disposed of by a common judgment since common questions of law and fact are involved in the same.

(2.) Both the petitioners were appointed as T.Mates in work-charge capacity in the office of the Executive Engineer, Electrical Division, HPSEB, Kullu on 18.7.1980 in the scale of Rs. 70-2-80. According to the petitioners, which fact is not disputed by the H.P. State Electricity Board (hereinafter referred to as the Board), they were never given field work and were made to work as clerks-cum-typists. The petitioners were regularized on 5.10.1983. They were both promoted as Assistant Linemen in the scale of Rs. 950-1800 in January, 1986.

(3.) According to the petitioners they continued to perform clerical duties. The High Court of Himachal Pradesh in certain cases issued directions to the HPSEB to pay salary payable to clerks to the employees who were performing duties of clerks. It is not disputed that the pay scale of Assistant Lineman is identical to that of clerk. The petitioners however represented that since they were functioning as clerks, they should be treated in the ministerial cadre and given promotion in the ministerial cadre. They filed writ petitions before this Court which were dismissed for want of jurisdiction. Thereafter, they filed O.As which have been rejected by the erstwhile H.P. State Administrative Tribunal vide orders dated 4.11.1997. Hence, the present writ petitions.