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2021 Supreme(HP) 245

SURESHWAR THAKUR
Piyar Chand Son of Shri Sant Ram – Appellant
Versus
State of Himachal Pradesh Through Its Principal Secretary (I & Ph) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:A.K. Gupta, Advocate
For the Respondent:Mr. Ashwani Sharma, Additional Advocate General

JUDGMENT :

Through an office order, borne in Annexure P-1, the daily wage service of, the, petitioner as Irrigation Book Clerk became reqularised w.e.f. 1.1.1994. Since, the respondent contends that the services of the writ petitioner became regularized, as, Irrigation Booking Clerk (Patwari) w.e.f. 1.1.1994, thereupon, they contend that the petitioner's designation is co-equivalent to that of a junior technician. They further contend, that the benefits of enhanced pay scale and grade pay as spelt in Annexure R-1, vis-a-vis, any Junior Technician, and, as became purveyed to the writ petitioner, is/are, tenable and legally infallible.

2. Even though, the respondents in their reply to the writ petition, did not contest that the services of the writ petitioner, became regularized as Irrigation Booking Clerk, w.e.f. 1.1.1994, yet they contend that the regularization of the writ petitioner, was made, against the post of Irrigation Booking Clerk (Patwari), and, that his services were not regularised as a Complaint Clerk. However, the afore created confusion with respect to the designation of the post, whereagainst the writ petitioner became regularized hence uncontro-vertedly w.e.f. 1.1.19

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