IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 12639 of 2008. Decided on : 8th April, 2011. Gopal Singh and another. ..…Petitioners. Versus HPSEB and others. …… Respondents. ___________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioners : None for the petitioners, though served. For the respondents : Mr. Anil Jaswal, Dy. A.G. Justice V.K.Sharma, Judge (Oral) None appears on behalf of the petitioners who are duly served for today. 2. The petition has been filed on the following prayers vide para 7 (i) to (iii): “i). The office order contained in Annexure- P1 be struck down and quashed: ii) The respondents be directed to change the cadre of the petitioners from Field Technical side to Ministerial Cadre, in view of performance of the duties by the petitioners as Bill Clerks in the office of Respondent No.4 against Ministerial Cadre, in view of letter Annexure-P2; iii) The respondents No.3 to 4 be also directed to furnish the information/particulars 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 pertaining to the petitioners, as desired per letter Annexure-P2 and to change their Cadre to Ministerial side.” 3. In reply, the respondents have taken the following stand vide the relevant portion of para 1 of the preliminary submissions: “ In context, the replying respondents submit with utmost respect that the applicants belongs to the cadre of T/Mates and has been performing the duties of T/Mates (Regular) w.e.f. 1.9.2001. The applicants were allowed to work in the office on verbal requests of the applicants on account of shortage of staff as a stop gap arrangement. The applicants thereafter were ordered to join back in their respective section. It is submitted that as per R&P rules of field technical staff, the post of T/Mate is filled in by direct recruitment and the qualification required for this post is 8th pass. No technical qualification is required. The copy of R* P rules and regulations is placed on record as per Annexure RA-III. The post of Clerk is Class-III. Moreover, there is no provision in R&P rules to change the cadre from T/Mate to Clerk. Therefore, the action of respondent Board do not confer any right on the applicant to continue appointment as a Clerk in the office. The averments made in the para that the applicants had been performing duties of Clerk ever since their appointment are wrong and hence denied. It is further stated that the respondent Board has called for an information regarding induction of incumbents belonging to field technical cadre in the ministerial cadre in view of the performance of duties of clerks vide letter dated 1.3.2005 on the prescribed proforma in respect of those filed and technical staff whose petitions are pending in the Hon’ble H.P. Administrative 3 Tribunal since 1986-87. Therefore, the above named petitioners are the appointee of 2001 and 2003 who does not fulfill the conditions as called for vide letter dated 1.3.2005 (Annexure RA-2) submitted by the applicants. Moreover the applicants herein have since joined as T/Mates in Section Bagla on 23.5.2005 without any protest and demur. The copy of the joining reports are placed on record as per Annexures RA IV & V. Therefore, the applicants herein are not entitledfor any relief much less the relief herein prayed for.” 4. Rejoinder refuting the above stand on behalf of the respondents and reiterating the averments set up in the petition has been filed. 5. In view of the above reply, in case the petitioners still have any surviving grievance, they shall be free to make representation(s) along with copy of this judgment to the respondents/competent authority within one month from today, who shall consider the same and take a final decision in the matter within next three months in accordance with law, after affording an opportunity of being heard to the petitioners, if so desired. 6. The petition stands disposed of, so also pending CMP (s), if any. (V.K.Sharma.) Judge. 8th April, 2011. (jai)