Point of law : Regularisation of service - Rather a recital is carried, that the services of the writ petitioner became regularised against the post of Irrigation Booking Clerk.

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. 1.1.1994, inasmuch, as, whether he became regularised as Clerk or as Irrigation Booking Clerk (Patwari), rather does become completely evaporated from a closest discerning being made from Annexure P-1. Annexure P-1 is an order of regularization of the writ petitioner, wherein rather a recital is carried, that the services of the writ petitioner became regularised against the post of Irrigation Booking Clerk. Therefore, the bracketed addition thereto of (Patwari) by the respondents to his post of Irrigation Booking Clerk, and, to hence draw parity inter se the afore, with that of any Junior Technician, and, consequently to deprive him, from the benefit of escalated pay scale and grade pay, as available to Clerks, post whereof becomes carried in Column No.15 of Annexure R-1, rather is a palpable sheer contrivance and a stratagem deployed, by the respondents, to rid of all legal effects, the uncontested narrations, carried in Annexure P-1, and, the ones carried in column No.15 of Annexure R-1, wherein, vis-a-vis, Clerks, an escalated pay band, and, also escalated grade pay becomes prescribed.

3. Therefore, this Court discountenances, the stand in opposition as projected by the respondents, to the writ claim. Contrarily this Court orders that the writ petitioner be construed to be a Clerk on the Regular establishment of the respondents. In sequel, this Court directs that the benefits as occur in column 15 of Annexure R-1, be purveyed to the petitioner w.e.f. from 27.09.2012, uptil now, along with leviable interest thereon, rather by the respondents. Consequently, the writ petition is allowed. All pending applications also stand disposed of.