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2010 Supreme(J&K) 59

BARIN GHOSH, GH.HASNAIN MASSODI
Chand Kumar Waguzari – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: P.N. Raina
Advocate For Respondent: Ajay Sharma

1. Having had lost before the Central Administrative Tribunal, Chandigarh Bench, where the petitioner had sought for regularization as Stenographer grade-III or Office Assistant, petitioner has approached this Court by filling the present writ petition.

2. The undisputed facts of this case are that the petitioner was engaged as Daily Rated Mazdoor with effect from December 1, 1984, conferred temporary status with effect from October 1, 1989 and regularised as Mazdoor with effect from September 29, 1995. Petitioner is drawing salaries as that of a regularised Mazdoor. In the writ petition, he contended that he has been made to work as a Stenographer and, accordingly, he should be given the remuneration of a Stenographer. The Tribunal found as a fact that the petitioner was working as a Stenographer but could not conclude whether he was made to work as such or his request to work as such was acceded to. There was no material before the Tribunal to come to the conclusion that a post of a Stenographer remained vacant and the work of the Stenographer, who could occupy the said vacant post, was obtained from the petitioner. Tribunal also felt that the petitioner was regularised as a Mazdo







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