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Himachal Pradesh High Court · body

2013 DIGILAW 182 (HP)

Dushyant Kumar Sharma v. Himachal Pradesh Civil Supplies Corporation Limited through its Managing Director, Shimla, H. P.

2013-03-15

RAJIV SHARMA

body2013
JUDGMENT Per Justice Rajiv Sharma, Judge. Case of the petitioner, in a nutshell, is that though he has been appointed Public Distribution Helper with effect from 2000, but he had been discharging the duties of Computer Data Feeder. Petitioner has been regularized in the month of November, 2008 as Public Distribution Helper instead of Computer Data Feeder. 2. Petitioner has placed on record sufficient material to substantiate that he had been discharging the duties of Computer Data Feeder. Petitioner had been asked to prepare the monthly data of the area office as well as the head office. He had also been asked to prepare the monthly sales and stock report and to check the data of financial bid of the tenders of medicines for various years. Petitioner has passed the B.Com. examination in the year 2004 and has also obtained post-graduate diploma in computer application. Petitioner, besides, placing on record Annexure P-1 has also placed on record Annexures P-9 to P-12 to further substantiate that he had been discharging the duties of Computer Data Feeder. 3. Case of the respondent-corporation is that petitioner cannot be regularized as Computer Data Feeder as per the Recruitment and Promotion Rules. Mr. Raghunadan Chaudhary has also argued that the post of Computer Data Feeder is not available. 4. Petitioner has filed supplementary affidavit on 14.5.2012. According to the information supplied to the petitioner under Right to Information Act, before April, 2012, two posts of Data Entry Operators were in existence and new designation to these posts has been given, i.e. Data Entry Operator-cum-Clerk. The Board in its meeting held in the month of March, 2012 has created 40 posts of Data Entry Operator-cum-Clerk. This information has been placed on record by the petitioner vide Annexures P-7 and P-8. 5. Mr. Raghunadan Chaudhary has also placed on record copy of Recruitment and Promotion Rules for the post of Data Entry Operator-cum-Clerk. The minimum educational qualification for filling up the post of Data Entry Operator-cum-Clerk is graduate having diploma in data entry operator from an institution duly recognized by the Central/State Government. The respondent-corporation has failed to establish any distinction between the nature of duties discharged by Data Entry Operator-cum-Clerk and Computer Data Feeder. Only the nomenclature of the posts is different. The Data Entry Operator-cum-Clerk and Computer Data Feeder are required only to feed the data in the computer. The respondent-corporation has failed to establish any distinction between the nature of duties discharged by Data Entry Operator-cum-Clerk and Computer Data Feeder. Only the nomenclature of the posts is different. The Data Entry Operator-cum-Clerk and Computer Data Feeder are required only to feed the data in the computer. Petitioner has also been asked to attend the training to get himself familiar with the computers. Petitioner is also graduate and has obtained diploma in Computer Application vide Annexure P-15. Respondent-Corporation is a Government undertaking. It is State within the meaning of Article 12 of the Constitution of India. The petitioner has placed on record tangible material, as noticed above, that though he has been appointed Public Distribution Helper with effect from 2000, but he had been discharging the duties of Computer Data Feeder. In view of this, the petitioner ought to have been regularized as Computer Data Feeder/Data Entry Operator-cum-Clerk instead of Public Distribution Helper in the year 2008. The action of the respondent-corporation to extract the work from the petitioner of Computer Data Feeder/Data Entry Operator-cum-Clerk and to regularize him as Public Distribution Feeder amounts to unfair labour practice and also violative of Articles 14 and 16 of the Constitution of India. 6. Accordingly, in view of the observations and discussions made hereinabove, the writ petition is allowed. Petitioner shall be deemed to have been appointed as Computer Data Feeder/Data Entry Operator-cum-Clerk with effect from November, 2008 with all the consequential benefits. Pending application(s), if any, also stands disposed of. No costs.