RSA No. 2951 of 2008 1 In the High Court for the States of Punjab and Haryana at Chandigarh … RSA No. 2951 of 2008 Date of decision: January 6,2009 Karamjit ..Appellant. Versus State of Haryana and others ..Respondents Coram: Hon'ble Mr.Justice Rakesh Kumar Garg Present: Mr. K.L.Dhingra, Advocate for the appellant. ... Rakesh Kumar Garg,J. This is plaintiff's second appeal challenging the judgment and decrees of the courts below whereby his suit for declaration and mandatory injunction has been dismissed with costs. Brief facts leading to filing of the present appeal are that plaintiff Karamjit had filed suit for declaration to the effect that he is entitled to the post of Group 'C' from the date of his regularization of his services with effect from 31.1.1996 with consequential relief of mandatory injunction directing the defendants to regularize his services in Group 'C' i.e., Pump Operator or any other post of Group 'C' with all consequential benefits. As per plaintiff, he had joined his service with the defendants on 1.10.1992 on daily wages as Mali-cum-Chowkidar. On 1.12.1992 he was made Tube Well Pump Operator and he had been discharging his duties as such as he was matriculate and having diploma of I.T.I. in the Trade of Carpenter which is a technical course and on the date of filing of the suit he was working as such. The services of the plaintiff were regularized by the defendants on 31.1.1996 on the post of Mali-cum-Chowkidar, whereas he was performing his duties as Tube Well Pump Operator since 1.12.1992. It is further the case of the appellant that many persons whose RSA No. 2951 of 2008 2 services earlier were regularized as Mali-cum-Chowkidar and were having similar qualifications as that of him have been regularized on the post of Pump Operator whereas the plaintiff who fulfills all the conditions for falling in Grade 'C' for getting scale of Rs.1200-2040 has been rejected and the same amount to discrimination with him. On being given notice, defendants filed written statement taking preliminary objections that he has no locus standi to file the present suit and there is no cause of action. It was further stated that the plaintiff was working under the control of the defendants and his services were regularized with effect from 1.2.1996. The plaintiff was engaged on Class IV basis as unskilled labour/ Mali-cum-Chowkidar with effect from 1.10.1992 and copy of Muster Roll is on the file. The post of Mali-cum-Chowkidar is not a technical post. The plaintiff had been regularized on Class IV Post strictly as per Haryana Government Notification dated 7.3.1996 as modified vide Notification dated 18.3.1996. The said Notification was to the effect that daily wages employes who had completed three years of services for Class III Post up to 31.1.1996 were eligible for regularization against their respective Class III Post. The qualification of the plaintiff is matriculate with I.T.I. Trade in Carpenter and the plaintiff does not fulfill the qualifications specified for recruitment for Class III Post of Water Pump Operator or any other post of Group 'C'. The qualifications for recruitment for Class III Post of Pump Operator as per rules approved by the Engineer-in-Chief, Haryana, PWD (Public & Health) Department dated 10.10.1981 are as under:- i) ITI Certificate in Trade of Motor/ Tractor/Diesel/ Elect. Mechanical or ii) Literate should be minimum experience of five years and field test. It was further stated in the written statement that when the plaintiff joined services, he did not fulfill above conditions and as such he was on Class IV Post. Moreover, simply running of the pumps after joining the department for certain duration to the extent of switching of the Pump does not make him RSA No. 2951 of 2008 3 eligible for Class III Post. The plaintiff is not performing the job of Pump Operator, which required in depth knowledge of motor and pumps and their functioning, monitoring of performance, preventive maintenance. The job of preventive maintenance is being got performed from other competent persons since the plaintiff is not qualified for the same. Plaintiff is not having technical qualification such as I.T.I. in respective trade nor possesses experience at the time of joining the Department. Five years experience of complete job of Pump Operator was required at the time of joining the Department with field test being eligible to the appointment of Class III Post. The criteria of promotion for Pump Operator from Class IV posts has already been given in Annexure R-IV which is reproduced below:- i) Should be literate key man/oil man with five years experience; ii) Other category i.e., literate Chowkidar/ Beldar/ Fitter Collie with seven years experience and field test. However, as per defendants, plaintiff was to be considered for promotion for the post of Pump Operator on seniority vis-a-vis other employees on merits and he was not eligible for direct recruitment for Class III posts. For promotion, plaintiff did not constitute the block of senior most person as such plaintiff was not entitled to get scale of higher post as claimed by him and the suit deserves dismissal. The courts below after going through the evidence on record and hearing the learned counsel for the parties, dismissed the suit of the plaintiffs. Being aggrieved of the impugned judgments and decrees passed by the courts below, the plaintiff has filed the instant appeal in this Court. I have heard learned counsel for the appellant. Admittedly, the plaintiff was appointed on muster roll with effect from 1.10.1992 as unskilled Mali-cum-Chowkidar and his services were regularized as such and the same is not a technical post and he was getting salary for the said post. He was engaged on Group 'D' post. As plaintiff had completed three years of service on 31.1.1996, his services were regularized as per policy of the Government in RSA No. 2951 of 2008 4 Group 'D' as Mali-cum-Chowkidar. Pay scale of Rs. 1200-2040 was admissible only to those employees who were appointed in Group 'C' post as Water Pump Operator and had the required qualifications of the post of Pump Operator i.e., Matriculation with ITI certificate in the trade of Motor/Tractor/.Diesel Mechanic/ Electrical as prescribed by the Department. Plaintiff undisputedly did not fulfill the required qualifications for the said post, as admittedly, plaintiff was not possessing the required qualifications for direct recruitment, as he was not having ITI certificate either in the trade of Motor/Tractor/Diesel Mechanic or Electrical. Thus, from the above discussion, it is clearly made out that the plaintiff-appellant does not fulfill the required qualification for the post of Pump Operator and as such he was not entitled to be regularized on the post of Group 'C' with effect from 31.1.1996 and therefore was not entitled to the relief claimed. The findings of the courts below do not call for any interference. For the reasons recorded above, I find no merit in this appeal. No substantial question of law arises in this appeal. Dismissed. January 6,2009 (RAKESH KUMAR GARG) nk JUDGE