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Himachal Pradesh High Court · body

2011 DIGILAW 1795 (HP)

Bodh Raj v. State of H. P.

2011-03-30

V.K.SHARMA

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JUDGMENT V.K. Sharma, Judge The petition has been filed on the following prayers vide para 7 (i) to (v) : “ (i) That recruitment and promotion rules framed regarding Carpenter Grade-IV be quashed and set aside. (ii) That the applicant be given pay scale/salary equivalent to the respondent No.3, namely, Black Smith Grade-III. (iii) That the arrears w.e.f. 1996 equivalent to Black Smith Grade-III be allowed to be granted to the applicant. (iv) That parity/equality be granted in the categories of Black Smith Grade-III and Carpenter Grade-IV by enhancing the pay/scale/salary of Carpenter Grade-IV qua the applicant. (v) That the applicant be regularized in the similar manner as the regularization is given to the Black Smith.” 2. In reply, respondents No.1 and 2 have taken the following stand vide para 1 of the preliminary submissions : “ That Sh. Bodh Raj son of Sh. Jethu Ram resident of village Dhalog, P.O and Tehsil Karsog, District Mandi, H.P has been appointed to the post of Carpenter Grade-IV vide Superintending Engineerm, Circle, HPPWD, Mandi office order No. PW-SEI-E-205-18 (DW-Screening)/97-5825-28 dated 11.7.1997 (copy annexed as Annexure R-1) having the post in old pay scale of Rs.800-30-950-35-1160-40-1320-45-1455 w.e.f. 1.1.1996. The above applicant was also confirmed by the Executive Engineer, Karsog Division, HPPWD, Karsog as Carpenter Grade-IV w.e.f. 1.1.1999 whereas the respondent No.3 Sh. Surju son of Sh. Mahasu village Narol, P.O Kao, Tehsil Karsog, District Mandi, H.P have been appointed as W/C Black Smith vide Superintending Engineer, 1st Circle, HPPWD, Mandi office order No.PWSEI-E-205-18 (Daily wages)/94-5347-50 dated 14.3.1995 in the pay scale of Rs.950-1800 w.e.f. 1.1.1994 (photostat copy of order annexed as annexure R-2). It is further submitted that the petitioner Sh. Bodh Raj son of Sh. Jethu Ram was engaged as D.W Carpenter Grade-IV according to the R & P Rules framed by the Govt. vide notification No. PBW-2B (2)-30/86 dated 5.5.1995 from Commissioner-cum-Secretary (PW) to the Govt. of H.P (copy annexed as Annexure R-3) his services were regularized as Carpenter Grade-IV w.e.f. 1.1.1996 being the post having pay scale of Rs.800-30-950-35-1160-40-1320-45-1455 Sh. Surju son of Sh. Mahasu was working as Daily wages Black Smith Grade-II and according to R & P Rules his services were regularized as Black Smith Grade-II w.e.f. 1.1.1994 copy of R & P Rules for Black Smith Grade-II is annexed as Annexure R 4. Surju son of Sh. Mahasu was working as Daily wages Black Smith Grade-II and according to R & P Rules his services were regularized as Black Smith Grade-II w.e.f. 1.1.1994 copy of R & P Rules for Black Smith Grade-II is annexed as Annexure R 4. The Carpenter and Black Smith are two different and distinct categories having different pay scales as well as nature of works and thus the two categories cannot be compared. The appointment of the petitioner Sh. Bodh Raj and Sh. Surju respondent No.3 were made according to the relevant provisions of the R & P Rules. Later on all the posts of Black Smith Grade-II were converted into regular establishment of PWD as lon 4/2001 vide Finaqnce-cum-Secretary (PW) to the Govt. of H.P approval/decision conveyed vide letter No. PBW-A-B (12)-6/2001 dated 26.6.2001. Copy of which so further circulated by the Engineer-in-Chief, HPPWD, Shimla vide his office letter No. PWE-133-7 (Regular) ES-III-6327-6476 dated 12.7.2001 a copy of which is also enclosed herewith as Annexure R-5. The respondent No.3 Sh. Surju, Black Smith was re-designated as Jr. Technician Grade-II (Masson) vide Superintending Engineer, 1st Circle, HPPWD, Mandi office order No. PW-SEI-E-205-R&P Rules-99-2002-27379-88 dated 16.2.2002 (copy enclosed as Annexure-R-6) in pursuance of Engineer-in-chief, HPPWD, Shimla letter No. PWE-74-15A (SC)ES-III-13482-502 dated 27.12.2000 (copy of which is annexed as Annexure R-7). The category of Carpenter Grade-IV, to which the petitioner Sh. Bodh Raj belongs, remained as work charged category and therefore, this category of Carpenter cannot be equated for granted of scale of Black Smith category. As such the present application deserves to be dismissed in the interest of justice and fair play.” 3. In view of the above reply, in case the petitioner still has any surviving grievance, he shall be free to make a representation along with copy of this judgment to respondent No.2/competent authority within one month from today, who shall consider the same and take a final decision in the matter within next two months in accordance with law, after affording an opportunity of being heard to the petitioner, if so desired. 4. The petition stands disposed of, so also pending CMP (s), if any.