IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 4557/2008 (OA 1725/97) Date of Decision : May 11, 2009 Sh. Padam Dutt Sharma Petitioner Versus State of Himachal Pradesh and others Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Anil Kumar, Advocate, for the petitioner. For the respondent : Mr. R.K. Sharma, Senior Addl. Advocate General with Mr. Ankush Dass Sood, Addl. Advocate General and Mr. R.P. Singh, Asstt. Advocate General for the respondents. Sanjay Karol, J. (Oral) The petitioner has prayed for the following reliefs: “(i) That the respondents be directed to pay the applicant enhanced daily wages vide Annexures A-2, A-3 & A-4 of clerical nature because the applicant is being performing the duties of a Clerk from his initial engagement till date. (ii) That the respondents be directed to pay the applicant all the arrears of salary from 1991 till date vide the rtes notified by the respondents for daily waged Clerks. 1 Whether reports of Local Papers may be allowed to see the judgment? 2 (iii) The respondents may kindly be restrained from dispensing with the services of the applicant on any pretext in view of the present Original Application.” It is the admitted case of the parties that the petitioner was neither appointed as a Clerk nor as a Supervisor. He was engaged as a Beldar and regularised as such. The respondents have denied that the petitioner carried out any work of Clerk or Supervisor on regular basis. The respondents have placed on record the muster roll (Annexure R-A) which evidences the factum of petitioner’s appointment as Beldar. With reference to Annexure A-1, proof submitted by the petitioner to establish that he was working as a Clerk/Supervisor, the respondents have clarified that he may have, at times issued water bills for further distribution to the consumer but however that fact alone would not conclusively prove that petitioner was either working as a Clerk or that respondents were extracting the work from him. Post of Clerk is Class-III and is to be filled up through the Public Service Commission. There cannot be any back door entry to public employment. For the aforesaid reasons the present petition, without any merit is dismissed. (Sanjay Karol), Judge. May 11, 2009 (PK)