STATE OF HIMACHAL PRADESH Vs. JUNNA DEVI

JUDGEMENT

(1.) BOTH these review petitions are virtually identical in nature. This Bench vide its judgement dated 6.1.2010 had come to the conclusion that an option should be given to the petitioners as to whether they wanted to be regularized in the lower scale of Assistant Fitter or in the scale of Fitter Grade-I. In both the cases we had come to the conclusion that the workmen had been placed in the cadre of Fitter Grade-I from 25.3.1988 and that in case they wanted to be regularized in Fitter Grade-I only their service from 25.3.1988 onwards would be considered.

(2.) THE State by means of this review petition has contended that in fact the post of Fitter Grade-1 and Grade-II alongwith many other semi skilled posts had been clubbed together and renamed as Junior Technician w.e.f. 30th August, 1997 and therefore, the workmen could not be regularized as Fitter Grade-I. The said notification reads as follows:-

(3.) MS. Sunita Sharma, learned counsel for the workmen has drawn our attention to the notification dated 14th November, 1995 wherein the scale of Fitter Grade-I in the department of IPH was revised to Rs.1200-2100. Therefore, the petitioners were to get the scale of Rs.1200-2100 on regularization/on the grant of work charged status. This scale and post is not covered by the notification relied upon by the State.