Rakesh Chand vs State of H.P.

Sureshwar Thakur, J.—The petitioner, as, divulged by Annexure P-1 is certified to be an Electrician. The writ petitioner claims that the respondents be directed, to, confer upon him w.e.f. July, 1999, the, status of a work charged Electrician Grade-1, instead, of, Electrician 2nd Grade, as erroneously, conferred upon him by the respondents. Besides, he prays for according, in, his favour, all consequential benefits of seniority and pay fixation from the date, as, accorded in favour, of, his junior Dinesh Nandan. The petitioner, relies upon judgments, comprised, in, Annexure P-4, Annexure P-5 and Annexure P-7, to, sustain his claim that the work charged status in the grade of Electrician Grade-1, be bestowed upon him w.e.f. July, 1999.

Given the resistance by the respondents to the claim raised by the petitioner in the writ petition, as also, given the fact that there was an acid dispute, raised by the respondents qua the fact, as, urged by the petitioner, in, the writ petition, of, his being paid wages/salary equivalent to an Electrician Grade-1, since the past 10 years, hence, whether his being entitled to be conferred the work charged status, in, the grade of Electrician Grade-I.

To smother as well as to extinguish the simmering controversy this Court was constrained, to, elicit a response from the respondents qua whether as a matter of fact they had been defraying to the petitioner wages equivalent to or as drawn by an Electrician Grade-I, since the past 10 years. A perusal of the response filed in compliance to the directions rendered by this Court, comprised in, an affidavit, divulges that the petitioner had been, as, claimed contended by him, in receipt of wages payable, to, an Electrician Grade-I since 1989. Consequently, with their being an admission on the part of the respondent, to the fact asserted by the petitioner, of, his drawing wages equivalent to an Electrician Grade-I, since the year 1989, hence, he is entitled to, in, consonance with the judgment as relied upon by him and as appended with the petition, to be, bestowed upon/conferred the status of work charged in the rank/grade of Electrician Grade-I, since 1999. In sequel, as an aftermath thereof, hence, the effect of the said admission constrains this Court to, also, accede to the relief as prayed for by the petitioner. Therefore, it is directed that the respondents shall afford to the petitioner, as afforded to the petitioner in judgments Annexures P-4 and P-7, the benefit of conferring/bestowing upon him the status of work charged, in, the rank of Electrician Grade-I, since 1999, as claimed.

In view of the above direction, the present petition is disposed of so also the miscellaneous pending applications, if any.