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Himachal Pradesh High Court · body

2011 DIGILAW 1910 (HP)

Shyam Lal v. State of H. P.

2011-04-01

V.K.SHARMA

body2011
JUDGMENT V.K. Sharma, Judge None appears for the petitioner despite actual date notice for today. 2. The petition has been filed on the following prayers vide para 7 (i) to (iii) : “ (i) That that the respondents may kindly be directed to refix the salary of the petitioner as Driver instead of “Sorkshop Helper. (ii) The respondents be directed to make the payment of arrears to the petitioner for the intervening period of designating the petitioner as “Workshop-Helper”, up to his re-designation as Driver. (iii) That the period of re-designation as Driver of petitioner, may be directed to be calculated from 16.5.2000, after the expiry of 3 months, from the issuance of Medical Certificate, Annexure P-1.” 3. In reply, the respondents have taken the following stand vide para 6 (2) : “ Regarding this sub-para of the application, it is submitted that it is admitted to this extent that on being declared unfit to discharge the duties of a Driver by a Medical Board, the applicant was offered the Post of Work-shop Helper as a fresh appointee in the pay scale of Rs.2720-4200 with the protection of his pay which he was drawing as a Driver earlier to his such fresh appointment, vide order No. HRTC-MD-Mandal/1-32/2000/K/15460, dated 29.3.2000. The applicant accepted the said appointment and submitted his joining report w.e.f. 1.4.2000. It is, however, admitted that the applicant some time used to be deployed on light duty of driving with Staff vehicles. This was done by the respondents for the sake of health applicant, in view of Medical advice, but this deployment of the applicant as a Driver with light vehicles of the Staff, does not make him entitled to claim the salary of the post of Driver.” 4. 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 three months in accordance with law, after affording an opportunity of being heard to the petitioner, if so desired. 5. The petition stands disposed of, so also pending CMP (s), if any.