HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 4147/2008 (OA No.44/1997) Date of Decision: April 10, 2009 Chain Ram ……. Petitioner Versus State Electricity Board & Ors. …….. Respondents. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting? No For the petitioner : Mr. Ranjan Sharma, vice counsel. For the respondents : Ms. Anjula Khajuria, Advocate. Sanjay Karol, J. (Oral) Petitioner has prayed for the following relief:- i) the respondents be directed to maintain the seniority of the applicant in the cadre of electrician w.e.f. 1983. ii) direct the respondents to pay the wages of electrician to the applicant after 1987. iii) the respondents be directed to pay the arrears less paid to the applicant. iv) the respondent No.1 be directed to regularize the services of the applicant as electrician. v) direct the respondents to transfer the applicant to HPSEB from Nathpa Jhakri Power Corporation in which he is presently working. vi) record of the case be called for for the perusal of the Hon’ble Tribunal. The cost of the case may be awarded to the applicant. Petitioner was engaged as Store Attendant with the respondent- Corporation, purely on daily waged basis w.e.f. 1.4.1983 upto March, 2 1984. Thereafter, he worked as Supervisor, on daily wages from April, 1984 upto 25.10.1987. He was posted under the Superintendence of Project Circle, HPSEB, Rohroo. With the completion of Andhra Hydel Project, he was rendered surplus and as such was adjusted as Beldar, purely on daily wages against various sanctioned works under execution. Vide letter dated Nil (Annexure RA-II), petitioner requested for adjustment at Kasumpati, Shimla against the adjustment of surplus daily waged workmen in various Projects of the Board, therefore, he was posted at Electric Sub Division, Jutogh (Annexure RA-II). On the petitioner’s request he was transferred/adjusted with the NJPC respondent No.2 herein. Vide letter dated 12.1.1990 (Annexure RA-III), petitioner voluntarily opted for his posting as T-Mate (D/wages) with respondent No.2 and the petitioner was adjusted as such. Petitioner was absorbed as Beldar and thus cannot be said to have any right of being considered in the cadre of Electrician nor can his services be regularized as such. Petitioner has worked as Beldar and cannot be regularized as Electrician which is a post to be filled up in accordance with the relevant R& P Rules and Regulations. For the aforesaid reasons, the prayer of the petitioner cannot be allowed. The petition is dismissed accordingly. ( Sanjay Karol ), Judge. April 10, 2009 (rana)