MAKHANLAL SHARMA Vs. R S E B

JUDGEMENT

(1.) The contention of the petitioner is that he was appointed as daily rated worker w.e.f. 1.10.1971 and was conferred the work-charge status vide Order No. Govt./Estt/71-72-D 4342 dated 21.7.1972 alongwith 9 others, who were similarly engaged. He has submitted that the other 9 persons who were conferred the work-charge status have been granted regular pay scale with effect from 1.4.1974 but he has been granted regular pay scale with effect from 1.4.1975 in pursuance of the interim & final Awards of the Singh and Sancheti Commission. He has further submitted that he has acquired the qualifications of line-man by completing 3 month's line-man course arranged by the RSEB. He was put as Incharge line-men by Order Annexure-II dated 28.6.1979. According to him, he has not been paid the wages of line-man and inspite of the fact that he has acquired the qualifications wireman/lineman, he has not been posted as such, although persons junior to him have been promoted with retrospective effect but this relief has been denied to him. When he gave a notice for Demand of Justice, even his increments have been stopped and hence, he has filed this writ petition.

(2.) A return has been filed on behalf of the respondents, in which, it has not been denied that the petitioner was working on daily wages basis with effect from 1.10.1971 and was conferred the regular status of work-charge employee with effect from 25.7.1972 and accordingly, he has been granted regular pay scale with effect from 1.4.1975 on completion of two years of service. For promotion to the post of Line-man, firstly one has to be promoted as Helper Gr. 1 and then he can be promoted on the post of lineman/wireman on the basis of seniority and suitability and it was because of this that he has not been granted the aforesaid promotion. It was also claimed that the petitioner has filed conciliation proceedings before the Conciliation Officer but they failed and he did not file any application for referring the dispute to the Industrial Tribunal and, therefore, once he has availed the alternative remedy, he cannot file this writ petition.

(3.) A rejoinder to the reply to the writ petition has also been filed reiterating the submissions made in the writ petition.