Devinder Singh son of Sh. Rattan Chand v. State of H. P.
2015-01-23
P.S.RANA
body2015
DigiLaw.ai
JUDGMENT P.S. Rana, J. Order: Present Civil Writ Petition filed by petitioner under Article 226 of the Constitution of India. It is pleaded that petitioner services were regularized w.e.f. 1.1.2001 and he worked as Beldar up to 10.10.2007 while he was legally entitled to be regularized upon the post of Work Inspector from the due date. It is pleaded that service of the petitioner has been regularized as Work Inspector w.e.f. 11.10.2007 with all consequential benefits. It is pleaded that now respondents are going to be recovered the amount drawn by the petitioner in the capacity of regular Belder w.e.f. 1.1.2001 to 10.10.2007 which is illegal. It is pleaded that amount could not be recovered from the petitioner and Annexure P2 dated 8.5.2013 issued by Executive Engineer I&PH Division No.1 Kullu HP be quashed. 2. Per contra reply filed on behalf of the respondents pleaded therein that petitioner is estopped to file present writ petition. It is pleaded that petitioner was regularized as Beldar in the lowest post but the petitioner challenged the same before Hon’ble High Court of HP and the case of the petitioner was considered in view of the decision in CWP(T) No. 16471 of 2008 titled Devinder Singh Vs. State of HP decided on 13.7.2012. Hon’ble High Court of HP directed that the petitioner be regularized as Work Inspector w.e.f. 1.1.2007 in terms of directions issued by the Court in Gauri Dutt and others Vs. State of HP reported in Latest HLJ 2008 (HP) 366. It is pleaded that petitioner has voluntarily surrendered the status of Beldar and adopted the status of Work Inspector. It is pleaded that petitioner is entitled to get the daily wages of Work Inspector w.e.f. 1.1.2001 to 10.10.2007 instead of salary of Beldar. It is pleaded that there is over payment to the tune of Rs.2,52,789/- (Two lac fifty two thousand seven hundred eighty nine) on account of due and drawn difference. It is pleaded that petitioner has no cause of action to file present writ petition and prayer for dismissal of petition sought. 3. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of the respondents at length and also perused the record carefully. 4. Following points arise for determination in the present writ petition: 1.
3. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of the respondents at length and also perused the record carefully. 4. Following points arise for determination in the present writ petition: 1. Whether petitioner is entitled for the salary of Beldar with all consequential benefits w.e.f. 1.1.2001 to 31.12.2006 and thereafter whether petitioner is entitled for salary of Work Inspector w.e.f. 1.1.2007 with all consequential benefits as alleged in memorandum of grounds of writ petition. 2. Final Order. Findings upon point No.1. 5. Submission of learned Advocate appearing on behalf of the petitioner that petitioner was appointed as regular Beldar w.e.f. 1.1.2001 and he worked as Beldar and performed entire duty of Beldar and he is legally entitled for the salary of Beldar w.e.f. 1.1.2001 to 31.12.2006 and thereafter petitioner is entitled for the salary of Work Inspector w.e.f. 1.1.2007 is accepted for the reason hereinafter mentioned. It is proved on record that petitioner has filed CWP(T) No.16471 of 2008 titled Devinder Singh Vs. State of HP and another. It is proved on record that order passed in CWP(T) No. 16471 of 2008 titled Devinder Singh Vs. State of HP has attained the age of finality. Respondents did not place on record that order dated 13.7.2012 passed by Hon’ble High Court of HP in CWP(T) No.16471 of 2008 was modified in LPA or amended by the Apex Court of India. Hon’ble High Court of HP in CWP(T) No. 16471 of 2008 has specifically mentioned that petitioner will be regularized as Work Inspector w.e.f. 1.1.2007. Court is of the opinion that petitioner is legally entitled for salary of Work Inspector with all consequential benefits w.e.f.1.1.2007. It is proved on record that prior to the post of Work Inspector petitioner has worked as regular Beldar. Court is of the opinion that petitioner is also legally entitled for the salary of Beldar w.e.f. 1.1.2001 to 31.12.2006 on the concept of equal work for equal pay in view of the order passed in CWP(T) No.16471 of 2008 titled Devinder Singh Vs. State of HP. Hence point No.1 is answered accordingly. Final Order: 6. In view of my finding upon point No.1 it is held that petitioner will be entitled for the salary of Beldar w.e.f. 1.1.2001 till 31.12.2006 with all consequential monetary benefits.
State of HP. Hence point No.1 is answered accordingly. Final Order: 6. In view of my finding upon point No.1 it is held that petitioner will be entitled for the salary of Beldar w.e.f. 1.1.2001 till 31.12.2006 with all consequential monetary benefits. It is further held that petitioner will be entitled for salary of Work Inspector w.e.f. 1.1.2007 with all consequential monetary benefits. It is clarified that amount already paid to the petitioner in the capacity of regular Beldar will be adjusted. Annexure P2 issued by Executive Engineer I&PH Division No.1 Kullu dated 8.5.2013 is modified to this extent only. Petition is disposed of with no order as to costs. All miscellaneous application(s) if any are also disposed of.