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1988 Supreme(HP) 41

P.D.DESAI, R.S.THAKUR
VIDYA SHARMA – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the petitioner(s):Shri R. K. Sharma, Advocate. For the respondent(s):Shri L. S. Panta, Deputy Advocate General.

JUDGMENT

P. D. Desai, C. J.—The petitioners have claimed the following reliefs herein : (1) they be paid the wages and allowances at the rate equivalent to the remuneration and allowances paid to the regularly appointed clerks and (2) they be given all those facilities, such as, holidays, medical leave etc. which are admissible to the regularly appointed clerks. The reliefs have been claimed on the basis that although they have been appointed as daily-rated Beldars on different dates between March, 1980 and February, 1987, they have throughout their respective period of employment performed the functions and discharged the duties of clerical nature. Para 2 of the petition gives the particulars with respect to the period of employment of each of the petitioners. Paras 3, 5 and 6 of the petition and identical paras of the affidavit-in-rejoinder contain the requisite averments concerning the nature of functions performed and duties discharged by the petitioners. The case set out therein is that the petitioners have been actually performing the duties of clerical nature, independently and satisfactorily, eversince their engagement as daily-rated Beldars, that the nature of work taken fr










































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