CWP(T) No. 4339/2008 (OA 935/97) 17.4.2009 Present: Ms. Ranjana Parmar, Advocate, for the petitioner. Mr. R. K. Sharma, Sr. Addl. Advocate General with Mr. Vivek Thakur, Addl. Advocate General for the respondents. It is the petitioner’s case that even though he was appointed by the respondents as Lift Operator in Snowdon (IGMC) Hospital and has been working as such since his initial appointment he has been deprived of wages payable to Class-III employee. Respondent has been paying him wages of a Coolie and T-mate which is of Class-IV post. The respondents have filed the reply stating that there is no post of Lift Operator available in the department/hospital. The petitioner was engaged as T-mate/Electric Beldar on muster- roll and was assigned the duties of handling/operating the lift. Duty roster is maintained on monthly basis and at times even regular work charged staff is assigned such duty. The work is not of technical nature nor does it involve any skill. Petitioner has been paid wages as Coolie/T-mate in accordance with the various circulars issued by the Government fixing the rates payable to daily waged worker. There is no doubt that the petitioner has been performing the duties of operating the lift but however from the record it cannot be shown that the petitioner’s appointment was that of Lift Operator. The respondents have clarified that no post of Lift Operator exists in the department. -2- As such the petitioner’s prayer of regularizing his service as Lift Operator and payment of wages cannot be allowed. No legally enforceably right of the petitioner stands infringed by the respondents. Petition stands dismissed. (Sanjay Karol), Judge. April 17, 2009 (PK)