CWP(T) No. 7291/2008 14.09.2010 Present: Mr. Vivek Singh Thakur vice Mr. Ranjan Sharma, Advocate, for the petitioners. Mr. Vikas Rathore, Dy. A.G. for the respondents. Learned counsel appearing for the petitioners restricts the petition qua reliefs No. (i) & (ii). From the petition, it is evident that petitioners were working as Electrician Grade-I, from the year 1988 onwards. It is also averred in the petition that from the year 1988 upto the year 1998 petitioners had completed more than 240 days in each calendar year. 2. In terms of Notification dated 14.11.1995 (Annexure A- 10) issued by the respondents-department, it is evident that certain categories of work charged/work charged brought into regular cadre were clubbed and re-categorized as Electrician Grade-I in the pay scale of Rs.1200-2100. It is also pertinent to note that for the purposes of appointment/promotion, a combined seniority list was to be maintained at the State/Circle/ Divisional level of the eligible persons and their date of appointment in their respective feeder category was to be taken into account without disturbing their unit- wise inter se seniority. Thus petitioners were entitled to pay scale of Rs.1200-2100 and their seniority was to be maintained. 3. Sometime in the year 1998, respondents took a decision, as is evident from Annexure A-12, of according the status of work charged employees as Electrician Grade-II in the pay scale of Rs.3120-5160. This was effective from 1.4.1998. The action of the respondents, alleged to be in conflict with its own notification, was not accepted by the petitioners and consequently they made a representation (Annexure A-12A) against the same. Respondents, in terms of order dated 28.7.1999 (Annexure A-11), reiterated their stand taken in terms of Annexure A-12 and again offered them temporary posts of Electrician Grade-II but in the revised pay scale of Rs.3120-5160 which earlier was Rs.950-1800. 4. It is this action which has been assailed by the petitioners. 5. Respondents have opposed the petition primarily on the ground that the case of the petitioners was covered by the decision taken by the Government on 5.7.1999 (Annexure RA). 6. Now this document cannot be said to have retrospectively curtailed the right which already accrued to the petitioners. Undoubtedly, in fact admittedly, petitioners were working in the capacity of Electrician Grade-I between the year 1988 upto 1998. They ought to have been regularized/accorded work charged status as Grade-I only. More so when the respondents themselves had clubbed and categorized various categories of posts as Electrician Grade-I in the pay scale of Rs.1200-2100. Petitioners could not have been regularized in a scale lower than what was accorded to them in terms of Annexure A-10. 7. It is pertinent to point out that even as per the respondents own document dated 30.8.1997/10.9.1997 (Annexure RD), the pay scale of Rs.950-1800 was given to skilled and semi skilled persons whereas as per Annexure A-7 dated 20.5.1995, Electrician Grade-I was categorized as highly skilled personnel. 8. Hence petition needs to be allowed. Respondents are directed to consider the petitioners’ case for regularization/ according work charged status as Electrician Grade-I in the pay scale of Rs.1200-2100 (revised scale of Rs.4020-6200). 9. Consequential action be positively taken within a period of three months from the date of receipt of the certified copy of the order. With the aforesaid observations, petition stands disposed of. September 14, 2010 ( Sanjay Karol ), (rana) Judge.