IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 5875 of 2008 Judgment Reserved on 29.07.2010 Date of decision: 23.09.2010. __________________________________________________________ Shamsher Singh … Petitioner Versus State of Himachal Pradesh & Others … Respondents. __________________________________________________________ Coram The Hon’ble Mr. Kuldip Singh, J. Whether approved for reporting?1 __________________________________________________________ For the Petitioner: Mr. Jagdish Thakur. For respondents : Mr. P.K. Sharma, Additional Advocate General, with Mrs. Shubh Mahajan, Dy. Advocate General, for respondents. __________________________________________________________ Justice Kuldip Singh, J. The petitioner has prayed mainly the following reliefs in the petition:- “a) That the services of the applicant be regularized in the category of semi-skilled worker with effect from 01.01.1997 and he be paid the salary/ scale that of a semi- skilled worker by commending with an appropriate order or direction to the respondents. b) That the respondents be further directed to pay interest on the back wages of the applicant that of a semi-skilled worker from the date of his entitlement at the rate of 18% till realization.” 1. Whether Reporter of the local newspapers may be allowed to see the judgment. 2 2. The facts in brief are that the petitioner rendered services to the respondents on daily wages and he was assigned the duties of Assistant Fitter with effect from 21.04.1987 and since then onwards he had been working as Assistant Fitter. The petitioner, constitute a class other than Beldars, who are paid less and they fall in the category of un-skilled workers. The petitioner by virtue of his job and engagement falls in the category of semi-skilled worker. The category of Fitter and Assistant Fitter is a distinct class other than the class of Beldars and the wages of Assistant Fitter are higher than Beldar. In the year, 1995, the scale of Fitter Grade-II was Rs.950-1850 and that of Beldar/ Helper Rs.770-1410. The petitioner was paid wages of Fitter Grade-II, being Assistant Fitter and the regularization of the petitioner as Beldar/ Helper in lower scale is highly unjust and violative of articles 14 and 16 of the Constitution. In these circumstances, the petitioner has filed the petition. 3. The respondents contested the petition by filing reply. In the preliminary submission, objection of delay and laches has been taken. It has been stated that the petitioner was working as Assistant Fitter on daily wages basis with effect from 21.04.1987. The name of the petitioner in the category of Assistant Fitter appeared in the final seniority list, circulated vide letter dated 07.09.1996. Thereafter, according to the instructions issued by the Government vide letter dated 31.12.1997, Annexure-R-3, all daily waged workers in different categories, who had completed 10 years 3 of service with minimum 240 days in a calendar year as on 31.12.1996 were ordered to be regularized. 4. The sanction to regularize the services of all the daily waged workers, who had completed 10 years of service with minimum 240 days in a calendar year as on 31.12.1996, received vide Engineer- in-Chief, Irrigation and Public Health Department letter dated 22.01.1998 and further circulated vide Superintending Engineer, Irrigation and Public Health Circle Una, letter dated 05.02.1998, in which it was stated to regularize the services of the petitioner in the category of Helper because the Financial Commissioner-cum- Secretary, Irrigation and Public Health department had clubbed various categories, vide notification dated 14.11.1995, Annexure- R-5, clubbing the category of Assistant Fitter as Helper. In these circumstances, the petitioner was regularized as Helper with effect from 01.01.1997, vide Executive Engineer, Irrigation and Public Health Division No.1, Una, letter dated 27.02.1998. The respondents have prayed for dismissal of petition. 5. I have heard the learned counsel for the parties. The respondents in their reply have admitted that the petitioner was engaged as Assistant Fitter on daily wages with effect from 21.04.1987. The notification dated 14.11.1995, Annexure-R-5, provides that various old categories of Pipe Lineman, Petrolman, Water Guard, Key-man, Oilman, Fitter Coolie, Walve-man, Regulator Aamadar, Helper, Pipe Layer and Assistant Fitter were put into new category of Helper in the scale of Rs. 770-1410, after clubbing the said categories. 4 6. The grievance of the petitioner is that he was getting more wages then Beldar and he could not be equated with the Beldar which is a different and lower category. As per notification dated 14.11.1995 old categories of Beldar Survey Khalasi, Bill Distributor, Water Works Peon and Lab Attendant have been clubbed in the new category of Beldar. The petitioner was regularized Helper, vide Annexure-A-1 dated 27.02.1998. The petitioner has not assailed notification dated 14.11.1995, Annexure- A-5, wherein Assistant Fitter has been clubbed with other categories and given new category of Helper. In the petition the petitioner has made prayer for regularization in the category of semi-skilled worker with effect from 01.01.1997 with further directions to the respondents to pay him the salary of the scale of semi-skilled worker. The petitioner has not made specific prayer for regularization of any particular category with effect from 01.01.1997. In absence of challenge to notification dated 01.01.1995, it is not possible to grant relief to the petitioner for regularization as semi-skilled worker as prayed by him. There is no merit in the petition which is accordingly dismissed. (Kuldip Singh ) Judge. 23rd September, 2010 Pritam