Claims for classification and regularization of employees must be supported by proof of duties performed; lack of evidence can lead to dismissal of such claims.

JUDGMENT :

Ranjan Sharma, J.

1. Learned counsel for the petitioner submits that CWP No.6609 of 2020, titled as Deep Ram vs. Municipal Corporation Shimla and another and other connected cases may be taken up together as the prayers made in Lead Case and connected cases is identical. Prayer appears to be genuine is granted and accordingly all the cases are taken up together and are being disposed of by this common judgment.

FACTUAL MATRIX IN LEAD CASE - CWPOA NO. 6609 OF 2021:

2. Petitioner, Deep Ram, has come up before this Court, seeking the following reliefs:

“7(a) That the respondent-corporation may kindly be directed to grant the pay scale of MeterReader/clerk to the applicant w.e.f. due date i.e. 05.04.2014 (Annexure A-2), on the analogy of equal pay for equal work with all consequential benefits, in the interest of justice.

7(b) That the applicant may kindly be held entitled for regularization as Meter Reader instead of Mazdoor by modifying the regularization order at Annexure A-1 only to the extent of designation, with all consequential benefits, in the interest of justice.”

(i) The grievance of the petitioner is that petitioner was engaged as Meter Reader/Clerk on daily wage basis in April, 2000 by the respondent No.1 Municipal Corporation, Shimla and Respondent- Corporation has extracted the work of Meter Reader/Clerk since his initial engagement but the respondent-Corporation issued an order on 09.11.2016 [Annexure A-1] regularizing the petitioner as Mazdoor (Class-IV) w.e.f. 1.4.2009 instead of Meter Reader (Class-III) on completion of eight years of continuous service on higher post of Meter Reader (Class-III). It is averred that as per order dated 05.04.2014 [Annexure A-2] Respondent Corporation has extracted the work of Meter Reader/Clerk from the petitioner.

(ii) In this background, the claim of the petitioner is that once the petitioner has been made to work as Reader/Clerk (Class-III) since his initial engagement on daily wage basis from April, 2000 then the petitioner deserves to be regularized as Meter Reader/Clerk from the date of completion of eight years instead of regularizing him on lower post of Mazdoor [Class-IV) on 09.11.2016 [Annexure A-1] w.e.f. 01.04.2009 and in these circumstances petitioner has prayed for retrospective regularization with all service benefits including pay in applicable pay scale of Meter Reader/Clerk with pay fixation and other service benefits.

STAND OF RESPONDENTS-CORPORATION IN CWPOA NO. 6609 OF 2021:

3. Upon issuance of notice, the Respondent- Municipal Corporation has filed a Reply-Affidavit dated 28.09.2021 of Commissioner, Municipal Corporation, Shimla:

(i) In Para 3 and 6(i) of reply-affidavit respondent-Corporation has taken a specific stand that the petitioner was initially engaged as Mazdoor on daily wage basis in Road and Building Department of respondent Corporation w.e.f. 01.04.2000. It is further averred in reply that in terms of the orders dated 30.05.2016 the petitioner was regularized as Mazdoor w.e.f. 01.04.2009 on completion of eight years of continuous daily wage basis. Reply-affidavit further indicates that Respondent-Corporation has never engaged the petitioner on daily wage basis. Reply affidavit specifically denies that the respondent- Corporation has extracted the work of Meter Reader by petitioner since his initial engagement. Para 6(iv) of reply further indicates that so far as the communication dated 05.04.2014 is concerned, the same is of no assistance to the petitioner in view of the fact that the petitioner was neither engaged nor was he ever made to work as Meter Reader/Clerk (Class-III) but the petitioner was deployed